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?
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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.
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