Can my employer cheat on my last pay-check?

U

UScit1ab

Registered Users (C)
Hello,

My apologies if posted on the wrong section, as this may apply to any temporary worker in the USA (not just TN holders).

I'm on a TN visa. I'm planning to resign and leave the USA.

An ex-coworker (H1B or GC holder) told me in 2009 that our employer didn't pay him. Don't know for sure who's telling the truth, but my employer has Never been 100% trustworthy. If my employer doesn't pay me the last weeks I work with him, it would be hard and expensive for me to pursue the matter from overseas.

Because of "out-of-status" upon resignation, it seems that an employer can keep the last pay-check for himself.

Is there any law or government instance to prevent my employer from cheating?

Thank you in advance.
 
Last edited by a moderator:
He cannot legally withold any wages. Your status does not matter.
Solution: quit on payday.
 
Thank you NelsonA,

I'll need to do more research with Immigration and/or Labor departments. Just wondered if you or anybody knew of a specific division or law provision.

The main reason for not quitting on pay day is the impact to the client, who has treated me very well since day one. Also the timing of check mailing may be in conflict with my airfare. In other case, I can see my employer trying to delay and withhold my pay-check on the excuse that I skipped the clause for n-week notice.

Thanks again.
 
=D =D I agree.

This is the cycle with client:
1. New manager takes over the department.
2. Manager tells me that he/she is interested in hiring me.
3. Weeks later manager says that HR won't accept the visa issue due to high unemployment and breach of contract.
4. Months later manager leaves the position (for other reasons). Back to step 1.

Now whenever I'm at step 2, I already know the outcome.

Lazy HR creates the niche business of many intermediaries.

Cheers.
 
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