I am being terminated from my current job because my H1-b petition got denied, can I ask for severance or annual bonus?

Oath NBgx11
Jan 31 27 Comments

Basically am I entitled for severance or annual bonus(previous year)?

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TOP 27 Comments
  • This comment was deleted by original commenter.

    • Amazon ya!
      No you can't. They legally have to terminate people who have no employment authorization.
      Jan 31
    • Facebook beaverhaus
      LOL
      Feb 2
    • “discrimination against your immigration status”. ROFL!
      Feb 2
    • Snapchat __dunder
      War of titans! Lol
      Feb 4
  • Verizon zoBr70
    How long did you work for them? And were you FTE?
    Jan 31 3
    • Oath NBgx11
      OP
      I have worked for them for 4 years..yes I am FTE and my job duties includes coding
      Feb 1
    • Verizon zoBr70
      Step 1 - If HR has already communicated that they won't pay bonus. Get that in writing - email or something
      Step 2 - maintaining your calm and composure, ask what is the reason for not getting the bonus as I was employed with the company during 2018. They have a clause that if you were not employed until last day of the year (I.e. 31 st Dec), you may not be eligible for the annual bonus.
      Step 3- understand the reason that was provided and plan for various arguments and counter argument.
      Step 4 - send email to HR head while ccing your manager, director and CEO of oath. Do not mention H1 b or other shit. Just mention - "2018 annual bonus eligible or not" in the subject. In body, copy the written comm you received earlier from HR and say I spoke to xx person and I was told even though I was performing employee of oath for past 4 years and during whole of 2018 - I am not eligible for bonus. I would like your help to understand it better. I can be reached at xyz phone number and see what happens.

      You will get call from top HR person.
      Feb 1
    • Verizon zoBr70
      Since it is legit concern, few thousand dollars does not matter as compared to the time of their execs and to avoid distractions
      Feb 1
  • Intuit zZZzZzZZz.
    H1b petition denied means you can't stay in the US without a valid opt extension or dependent visa or F1 Visa. Can you talk with your employer to see if you can continue working while enrolled as a student in a university?
    Jan 31 2
    • Oath NBgx11
      OP
      I am on H4 now
      Jan 31
    • Intuit zZZzZzZZz.
      Is it a H4 EAD?if yes, you might be in luck. Are you a FTE?
      Did you talk to your attorneys who filed your H1 petetion what did they have to say?
      Jan 31
  • Verizon zoBr70
    Bonus - yes. Severance - yes, 2 weeks per year
    Jan 31 2
    • Oracle aspirin
      Legally they're not required to give you jack shit
      Jan 31
    • Verizon zoBr70
      VZ is not one of those. For the services he provided while he was legally employed, they will pay. Also, since it is involuntary separation they will honor the terms applicable to all the employees
      Jan 31
  • comScore / Data
    NadB57

    comScore Data

    PRE
    Siemens Healthineers
    NadB57more
    Do you mind sharing your role and reason for denial?
    Feb 1 1
    • Apple py1
      I would also like to know. It is surprising that extension has been denied.
      Feb 1
  • Oath NBgx11
    OP
    They are not paying me..neither they are re-applying for my H1-b. I am fine with no severance but at least they should pay me the bonus since I was employed for whole of 2018
    Jan 31 1
    • Facebook beaverhaus
      Wow! They are cold blooded! They could easily pay these to you just to help you through the transition - Id think it would be standard at a company of Oath’s size.

      Did you have performance problems?
      Feb 2
  • Facebook machineLrn
    You can ask, but no one is entitled to severance.
    Jan 31 0
  • Athenahealth tcismylife
    Was that h1b extension or job transfer?
    Jan 31 2
    • Oath NBgx11
      OP
      H1-b extension
      Jan 31
    • RackWare Dreamlight
      Job type? Coding? What was the title?
      Jan 31
  • PayPal oinournvs
    Only if its specified in your comp policy that bonus is paid out for performance - either your performance or company performance or both. If it's discretionary, then they don't have to pay. Every bonus plan I've ever seen has a discretionary component - that is, they can choose 0% as a bonus multiplier.

    Also, follow Verizon's plan below.

    You are not entitled to severance. Doesn't mean you can't ask.
    Feb 19 0
  • Verizon zoBr70
    OP - any luck with resolution?
    Feb 4 0
  • New / Data elephantD
    The way that FAANG will do is quickly open a new position and file a new LCA.
    Feb 1 0
  • Verizon zoBr70
    Did you receive the packet from HR?
    Jan 31 0
  • Verizon zoBr70
    Oath will pay you, why are you assuming that they will not pay? If you were FTE and your position is terminated due to no fault of yours, they will pay you.
    Jan 31 0