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qazwsxedc

Member
VA
Can i join a new employer B (with approved H1B) without resigning current employer A?
I will resign the employer A(current employer) after 4 days of joining the new employer B(new employer). So I would be getting double salary for 4 days from both employer A and employer B.
Those 4 days I will be on leave for employer A(current employer.)
Will there be any legal issue or tax filing complications?
 


cbg

I'm a Northern Girl
What kind of leave will you be on? Vacation, sick, personal, administrative?
 

cbg

I'm a Northern Girl
Please be advised that if you quit without notice after being on PTO for four days, Employer A is NOT obligated by law to pay you for those four days.
 
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FlyingRon

Senior Member
Depends in Virginia what the "PTO" is classified as. If it's vacation, it has to be paid. If classified as some other sort of leave (sick leave, etc...), it does not have be paid whether he gives notice or not.
 

FlyingRon

Senior Member
Do you really think your new employer wants a dishonest employee?
Who said he was doing anything dishonest? He's just using up some accumulated time off from his old job. If that's dishonest, hell, I've done the same thing.
 

cbg

I'm a Northern Girl
Depends in Virginia what the "PTO" is classified as. If it's vacation, it has to be paid. If classified as some other sort of leave (sick leave, etc...), it does not have be paid whether he gives notice or not.
That is not true across the board, Ron; it is only true if the employer has a policy of paying that time out.
 

qazwsxedc

Member
Do you really think your new employer wants a dishonest employee?
If I quit the current employer they are not going to pay me anything that is almost 30 days salary therefore after getting the pay I want to resign and there would be an overlap of 4 days.
 

cbg

I'm a Northern Girl
Your current employer is only obligated by law to pay you for time that you have actually worked. Regardless of what day you quit, in your state he is not obligated to pay you for time not worked, even if you were on vacation, unless he has a policy of doing so. I'm not saying he won't; I don't know if he will or not. But you are not guaranteed double pay for those four days; if Employer A chooses not to pay you for that time it is unlikely that the law will force him to pay it out.
 

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