Q: Can we work with another company while in 60 day WARN period?
My employer company A laid off some of the employees including me and I have 60 day notification period in which I am getting paid. I have another offer to start for company B before the end of the notification period. Is it required for me to notify my employer A before I start with company B. I'm employed as H1B worker will there be any legal repercussions for it? I guess it will show in tax records that I got salary from company A and company B. How does one company know if I am employed in other company?
A:
During the 60-day WARN notification period, you can explore and accept employment with another company, such as company B, without the requirement to notify your current employer, company A. However, it is essential to ensure that you fulfill your obligations and responsibilities to company A during this period, as stipulated in your employment contract or agreement.
Regarding your H1B status, you should maintain compliance with all immigration laws and regulations. If company B sponsors your H1B visa transfer or provides employment authorization documents, make sure to follow the proper procedures. Keep in mind that your employment with both company A and company B may appear in your tax records, but this is generally not a legal issue as long as you accurately report your income to the IRS.
Companies typically don't automatically know about your employment with other organizations, but it's crucial to be transparent and honest in all your dealings. Always consult with an immigration attorney or legal expert to ensure you navigate your employment transition correctly while adhering to California and federal laws.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
