Resignation Acceptance for Employer

[vijayvnair]

What is the name of your state (only U.S. law)? : New Jersey

Hi,

I work as a Project Manager with a small sized consulting firm in USA. I am here on H1B visa. I have worked for my current employer for 8 months. In the last month, I found a job with a new employer. It pays me better salary, benefits and work condition.

They filed for my H1B transfer and legally I am now eligible to work for them. Therefore, I have submitted my resignation in official email and hard copy to my current management. I submitted the letter on 09 January 2012 and I am willing to serve notice period until 20 Jan 2012 (2 weeks as per my employment contract). I have requested for an earlier release if possible.

However, my current bosses have not acknowledged my email in written. My questions are:

1. I believe that the notice period of 2 weeks starts from the day I have send an email with intent to resign. i,e: in my case as of 09 January 2012. Is this understanding correct.

2. I will be legally correct to quit my current employer on 20 Jan 2012. (2 weeks from the date of initiation).

3. My current employer will have to pay me for my work until 20 Jan 2012. (My last date of employment).

4. I can join my new employer on 25 Jan 2012. There would be a gap of 5 days in employment between current and next employer. Is this gap on H1B acceptable? (Kindly note that my new employer filed my transfer petition on 06 Jan 2012, thus making me legally eligible to work for them from that date as per American Competitiveness act of 21st Century (AC21)).

5. If my current employer with holds any payment that is due to me for unacceptable reasons, what is the legal route that I should take?

Thank you for reply in advance.

Regards,
Vijay

 

[Beth3]

Unless you have an employment contract in place binding you to a specific peirod of employment, you are an employee "at will" and may resign your employment any time you wish, with or without notice.

Providing two weeks notice of your departure is both professional and courteous but it is not legally required. Your employer's failure to acknowledge your resignation is rather rude but changes nothing. You should anticipate your last day of work will be Jan 20th (as you informed them) unless your employer asks you to leave sooner. If that should happen, the law only requires that you be paid through your actual last day of work, not through the balance of your notice period.

I can join my new employer on 25 Jan 2012. There would be a gap of 5 days in employment between current and next employer. Is this gap on H1B acceptable? Yes.

If my current employer with holds any payment that is due to me for unacceptable reasons, what is the legal route that I should take? That depends what kind of payment you're referring to. If it's unpaid wages, then you file a complaint with New Jersey's Department of Labor. If you're referring to something else, please post back and clarify.

 

[vijayvnair]

Thanks!

Dear Beth3,

Many thanks for your clarification. I indeed meant my salary due and payable. I believe the clarification helps. Thank you for your time and have a great evening!

Regards,
Vijay