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Kindly Help My Friend In A Not So Good Situation

Discussion in 'General Discussions - USA & Canada' started by sindmani, Aug 31, 2017.

  1. Aug 31, 2017 #1
    sindmani

    sindmani Platinum IL'ite

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    Lets call her as Mrs A, she asked me to give a suggestion. But I am more new then her in USA. My husband also said he does not have idea. So with her permission IAM presenting it here. They are here since two years , her husband is in H1 contract it seems with a firm. Now he got a project with a client (very big firm in USA ), they gave order to join the firm to himfor 6 months project. Their employer also prossessed for his change of place (I think like transfer ,SORRY I DONT KNOW MUCH DETAIL IN USA FIRMS ,PLEASE PARDON IF NAMES ARE NOR CORRECT). BUT AS EVERY THING GOT prossessed , the day before joining they got the call from the firm that order is cancelled as THAT CLIENT FIRM NOW WANTS ONLY GREEN CARD OR CITIZEN AND NOT H1 CANDIDATE. THEY ARE WORRIED AS IT IS HARD TO FIND ANOTHER PROJECT NOW. They have a kid who goes to school , worried about 3 people's future. Employer is angry with client firm as he has spent some money for MR A' S TRANSFER OF PROJECT. NOW EMPLOYER SAYS HE HAS PROOFS , SO HE IS GOING TO SUE THE FIRM. Mrs and Mr A are the ones who are depressed. I feel in India contracts are accurate. Now will my friend get justice if employer goes to court. . Their risk of going back to India is high now.
     
    sindmani, Aug 31, 2017
    sindmani, Aug 31, 2017
    #1
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  2. Aug 31, 2017 #2
    justanothergirl

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    Feel sorry for the young family but unfortunately I doubt much can be done. Was a contract drawn up?Any idea about the terms? Length? Early termination penalties to be coughed up . Even when we have a contract in place there is usually a lot of fine print (immigration rules change etc etc) which could let the firm off the hook. Yes the employer can go the route of suing but more often than not the legal fees far exceed transfer of H1 fees.
     
    justanothergirl, Aug 31, 2017
    justanothergirl, Aug 31, 2017
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  3. Sep 1, 2017 #3
    sindmani

    sindmani Platinum IL'ite

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    As far as I know many paper work was done.
     
    sindmani, Sep 1, 2017
    sindmani, Sep 1, 2017
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  4. Sep 1, 2017 #4
    sindmani

    sindmani Platinum IL'ite

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    It seems the contract (6 months )was drawn. He was about to join a day after when he got the news . joining letter(similar to )is also there but now they have stoped(in India we say cancel of agreement ). Hope they get another project.
     
    sindmani, Sep 1, 2017
    sindmani, Sep 1, 2017
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  5. Sep 1, 2017 #5
    sindmani

    sindmani Platinum IL'ite

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    My husband says in his job as h1 employee there won't be penalties for early termination by both parties(employer n employee) as per the contract. Here in Mr A 's case , it was like cancel of an agreement or contract. . don't know if all the affected parties will get justice or not. Hope they get better projects and firms.
     
    sindmani, Sep 1, 2017
    sindmani, Sep 1, 2017
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  6. Sep 1, 2017 #6
    Elsa

    Elsa Gold IL'ite

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    OP, please search for "at will employment" on google. Pasting a line from wikipedia for a quick reference.

    At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish "just cause" for termination), and without warning.

    Full-time employees might receive some money as severance, but I doubt if a contract employee, on a work visa can do much about it. I feel very sorry for them.
     
    Elsa, Sep 1, 2017
    Elsa, Sep 1, 2017
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  7. Sep 6, 2017 #7
    sindmani

    sindmani Platinum IL'ite

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    This is not the thread for that. Thanks for the info. Please post in the relevant thread. Thanks for understanding.
     
    sindmani, Sep 6, 2017
    sindmani, Sep 6, 2017
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