Client did not pay so Employer doesnot want to pay...

A

anu73_in

Registered Users (C)
Hi,

Whenever you are laid off and waiting for the last pay-slip you will most of the time find that the employers wants to deduct your salary some or the other way. The most common reason they have is the client doesnot want to pay for some hours. The H1 visa holder doesnot have any way to find out if the client really didnot pay or not.

1) What to do if the employers wants to deduct this hours not paid by the client from your salary? Are they allowed to do that?
2) And also if the employer lays you off for not wanting to pay while on bench can are they authorised to deduct the H1 lawyers fee from your salary? Is it legal for them to do that?
3) Always the employer tries to refrain from sending the H1 approval so that they can get the No-Dues letter from you?

I will appreciate the replies here about what the H1 holder can do so that people will know how to deal with this matters.

Thanks
Anu
 
As per the laws, what client pays to the employer should have no relation to what employer pays to you. So legally they cannot deduct anything from your salary based on client (non) payment.

You can report to DOL that you are not being paid the salary. Even mentioning this to your employer may make him pay your salary. Search in this forum or visil DOL website for specifics of how to report non payment of salary to the DOL.

If employer has laid you off and you do not have a new employer to sponsor (transfer) your H1, then you will have to leave the country and your emplyer is bound by law to give you return air ticker.
 
EricS said:
As per the laws, what client pays to the employer should have no relation to what employer pays to you. So legally they cannot deduct anything from your salary based on client (non) payment.

You can report to DOL that you are not being paid the salary. Even mentioning this to your employer may make him pay your salary. Search in this forum or visil DOL website for specifics of how to report non payment of salary to the DOL.

If employer has laid you off and you do not have a new employer to sponsor (transfer) your H1, then you will have to leave the country and your emplyer is bound by law to give you return air ticker.
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Well the employers many times claims that the client was not happy with the deliverables. So they want to put the blame on the consultant and hence try to pose that it is kind of valid for them to deduct the salary accordingly.


Currently I have a sponsor ...but since I have a pay-slip which is dated April 15th is this pay-slip ok to submit for the H1 transfer to be done in next 2-3 days. I had thought that I will have a pay-slip for May but since the employer wants to deduct salary I won't have a latest pay-slip now.
 
anu73_in said:
Well the employers many times claims that the client was not happy with the deliverables. So they want to put the blame on the consultant and hence try to pose that it is kind of valid for them to deduct the salary accordingly.


Currently I have a sponsor ...but since I have a pay-slip which is dated April 15th is this pay-slip ok to submit for the H1 transfer to be done in next 2-3 days. I had thought that I will have a pay-slip for May but since the employer wants to deduct salary I won't have a latest pay-slip now.
Click to expand...

I don't think it would be a problem to transfer as you have till april 15th but do it ASAP. Also once you get an approval complain to DOL about your employer who did not pay you.
 
Trick worked with employer

Hi,

The employer was trying to make an excuse for not paying last pay-check saying that the client had not paid b'se they were not happy with deliverables. So I didnot have a latest pay-slip to transfer H1. I just sent an email to the HR & the person I was reporting to that I was trying to get a lawyers opinion on this............and guess what they sent me a pay-check for the last hours I worked....and also sent me the Notice of Action which they were saying that unless I send No-Dues Certificate they won't send it to me.

So cool this trick works..........whoever is having this problem try this may be you will get paid.

Thanks
Anu
 
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