End of 7th Week is almost here

I have almost reached end of my 7th week of notice at my current employer. One more week and I should be out of here.

So far so good.

I am not sure at this point of time, if I would be able to recover any money spent or cash for leaves unused.

None of the managers have asked me any reason for my leaving (probably they have made all the possible assumptions, or they know and would not want it to become a publicly documented affair).

Actually, none of them have even called me after I have resigned (to know or for any other reason as well). Only mail I had received after I resigned was from SS asking if there is something that can be done to make me stay back, but that was too late. I have been on email with ET since almost July about Review, and all I have got is a promise to look into it by certain date. Each time the date came, nothing happened and I got a new date. Seems like they took it for granted or wanted me to leave the company.

Update 3

Not just that, some more things happened. First, the employer identified a replacement out there (you know where!!). But he does not want to do the hardwork, so he refused to come over (citing visa problems). Don't know what problem has he got.

Then employer identified another replacement out here (you better know where now!!!). But she does not want to be my replacement either. I was to start with a knowledge transition today, but she said she can not make it today. Did not have the voice recorder, otherwise it would have been a good audio-con.

Update 2

Those of you, who have been following my blog may know a thing or two:
1. I resigned.
2. It did not get accepted.
3. Finally It did!!!!
4. I am right now on notice period!!!!!

How does that sound?

Update

Some of you have been tracking my blog to know what is happening with me. Well, a summary of events is here:

• I resigned
• Resignation was not accepted as the new company policy says one can not resign.

More... on it? You would have to wait till it is over to know the results...

So far No News

Well, So far there is no news...

• Resignation Not Accepted
• Company wants me to return to my home country to complete my resignation (this is as per a new policy they released recently).
• This violates offer letter being termed as a contract. (The offer letter offers at-will employment)
• This rule is not being applied uniformly to all Employees (accross the countries), Also does no apply to all employees on H1B, even does not apply to all the employees who have been provided H1B from India... so it amounts to discrimination.
• The Resignation is being handled by Offshore HR - violates H1B LCA - The non-immigrant employees are not being offered same working environment or facility as other employees.
• Company does not offer to move the employee to India at Company's cost, inspite of requirement of the company to move them.
• Just to resign requires relocation amounting to harrasment.

Resignation

I sent my resignation last week. As per the offer letter, I am supposed to serve an 8 week notice period. As such the 8 week notice period itself is long period. But as per feedback/email from HR and my manager (who soon will be ex-manager), I should return to India and resign (that's the new policy of the employer). I am not sure when should my notice period start? On the date when I resigned, or the date I land up in India or the date I resign in India.

There are two bad parts:

• There has been a series of events that have lead me to resign (not sure if anyone is really interested in it yet).
• The treatment that company is offering after 4 years of dedicated service, is just out-of-the world.

I hope to pass this phase in next one week and start all over again.

A Workaround

A workaround for any policy that prohibits an employee from resigning is have H1B Transfer done in US, and then move to offshore with existing employer. You could resign once reached offshore, and travel back to USA with new documents.

H1B employee sues employer and wins

Here is an example of an H1B Employee suing his company and winning.
A contract workeder, Dipen Joshi filed against his employer and won the case.
The employer was awarded to pay legal fees to Dipen's attorney (about 200000) and an amount to Dipen about $7000.
See http://news.com.com/2100-1017-255994.html and http://news.com.com/2100-1017-256477.html?legacy=cnet. I wonder if people are reading it.

The Employer appealed in the court, and lost again.
http://news.com.com/2100-1017-270033.html?legacy=cnet

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 defines what are considered rights of an Employee. Have a look at http://www.eeoc.gov/policy/vii.html.

Here are some interesting contents:

(c) It shall be an unlawful employment practice for a labor organization-
(1) to exclude or to expel from its membership, or otherwise to
discriminate against, any individual because of his race, color, religion,
sex, or national origin;

(2) to limit, segregate, or classify its membership or applicants
for membership, or to classify or fail or refuse to refer for employment
any individual, in any way which would deprive or tend to deprive any
individual of employment opportunities, or would limit such employment
opportunities or otherwise adversely affect his status as an employee or
as an applicant for employment, because of such individual's race, color,
religion, sex, or national origin; or

(3) to cause or attempt to cause an employer to discriminate
against an individual in violation of this section.

A New Policy

One of the employer released a policy, which gets translated to slavery by H1B. It does not provide a right to resign, while working as an ex-patriat (Well they don't actually treat employees working outside as ex-patriat, normally the next level managers see it as if one was sent on vacation).

It is going to cause some hue and cry now.

I plan to do some research on similar policies and if they are considered descriminatory. If you have some material, do post a line...

My First Post to the blog

Started a new blog. Wanted to discuss experiences as an employee.. Not just at one employer. but at several. Those who are willing to contribute.. are welcome.. :)