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Is this legal? Virginia

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  • Is this legal? Virginia

    Here is my situation. I was promised in writing(not in offer letter, but, email from hiring HR) about my GC filing to be taken care before october. When i followed up on that after 6 months of job, i was told that policy is changed (of which no communication was sent to me) and they can't entertain what they promised. So, i after following up until 2 months when i didn't get any positive response, i resigned and said i am ready to serve 2 weeks notice. My HR agreed on both my resignation and last day (after 2 weeks) over the phone. They asked me to wait until next day for written confirmation, which actually came after end of next day (around 5:30 pm when everyone has gone home). That mail stated that next day is my last day. Which was shocking because no one i directly work with was notified. I still accepted it and planned my transition accordingly. Next day morning i got a meeting invite of 10:30 am from "Employee relations" people which just stated that they wanted to meet me before i start my afternoon meetings.
    When i went there, they told me that i will be escorted out of office and not even allowed to go back to my desk to get my stuff. Had i been notified about it earlier, i would have taken my stuff and came out. No one was communicated about me leaving abrubtly. This whole incident put me in state of shock.
    First, i wasn't even communicated about policy change and that company has decided to hold on GC filing for indefinite time, until i asked and followed up for weeks. My work authorization expires in a year and I was not notified that my stay in country and hence my job after a year is at risk.
    Second, when i resigned giving enough heads up per company policy, i wasn't even given a day notice for the same (and it wasn't termination).

    Just want to know if Labor law allows employers to treat their employees like this?

  • #2
    I do not know what a "GC filing" is and I am not a visa expert. Ignoring those:
    - It is perfectly legal to accept a resignation immediately and to escort the person out of the building without letting them clean out their desk first. It is also fairly common, although not a universal practice.
    - Are you saying that you will never be allowed to get property that belongs to you? It is fairly common for the company to want to box things up themselves and let you pick it up later. if the company is not going to return things that legally belong to you, there is likely some course of legal action. Generally small claims court.
    - Not your question, but I have given notice before and I always cleared out all of my stuff first prior to given notice. There is always a real chance that notice will be accepted immeadiately. Also not your quesiton, but i never use company computers, phones or other resources for my personnal business. I always assume that anything I bring to work or do at work is subject to inspection of some sort.
    - Offer letters (or offer emails) rarely rise to the level of legally enforceable contract. But rarely is not the same thing as never. You might want to have an attorney review all related correspondance, just in case. The problem is that most employment is at-will, meaning absent a contract conditions of employment can be changed on a go forward basis (with notification). I am not a visa expert and my understand is that certain visas maybe change that (or not).
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      GC filing - Green Card filing possibly? I am not a visa expert either.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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      • #4
        Sounds like a green card. There is no requirement that your employer assist with this. What kind of visa are you on? In some cases, if you aren't employed by the sponsoring company you are not eligible to remain in the US. There are also rules attached to some visas about who must pay for your return trip. Resigning when on a visa is a horrible idea but it is too late now.

        Accepting your resignation early is not uncommon, especially in certain industries. Same for not allowing you to pack up your own items. Too much risk of sabotage or theft for a lot for a companies to chance it.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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