Employer forcing not to resign at onsite for all onsite deputed employees

Hi Saurabh,

This month my employer changed the onsite deputation policy saying that any employee deputed onsite can’t resign at onsite. Employee has to come back to India & policies will be applicable as per offshore policies like 2 or 3 month notice period.

Just wanted to check with you if it is right as per US laws.

Thanks

I am not sure but here is my take.

Employment is at-will in US, which means you can resign anytime in US. You cannot be forced to resign in your home country. However, if you are on L-1 then you are an intra-company transfer employee then it may be possible to ask you to resign in the home country. It is also possible that they will go after you in India where labor laws are more relaxed.

Check w/ a labor attorney in your state to be sure.

In case you are on H-1, then definitely it is “at will”. Still check w/ your labor attorney.