E-2 VISA Holders FAQ

The employer must follow the Labor Standards Act and their own Rules of Employment.

Unless the procedure of termination is followed properly the Employee has a claim of Unfair Dismissal the Employee can proceed with a claim to the Labor Board. If the claim is considered valid the Employee can be re-instated at the place of Employment. All lost wages during the time of the hearing will be paid to the Employee if the ruling is in their favor.

More often, since the Employee and Employer are not "getting along" the Employer will simply pay a total of three months of salary, as the compensation for violating the Employees rights under the Labor Standards Act, and both parties will go their separate ways.

Please note, Employers with 5 or fewer Employees do not have to reinstate the Employee if they are unfairly dismissed.

No.

Employees are entitled to Severance only if they have completed a one year of service to the Employer.

Severance is not calculated based upon your monthly salary.

Severance is calculated upon the amount of wages you have received over the last three months of your employment, and then divided by the number of calendar days of the employment. There is an additional calculation if you received bonuses during your employment.