Employer/Employee Relationship- What to do??

M

munnabhai02

Registered Users (C)
Hello Everyone:
Actually reading post by ittsme123, was wondering if I could also add to this and seek any inputs from experts here.
I got my GC approved in June 2004 and cards received in August 2004.
Have been trying to quit my employer since then. Eventually got an opportunity 1 month ago and gave him 2 weeks notice. Joined new company.
Before leaving collected all my time sheets etc and was told that my balance money (including one pay check withheld since day one) will be mailed. But nothing happened after that. Two salary Fridays have gone by and have not heard anything. Its about $4000.00. Since the only earning member in the house of 5, have been feeling the financial pressure. Sent him 3 emails as a reminder but no reply. Before I left (In my final notice week), my employer was grumbling and sort of making up grounds that I am leaving some projects in the middle incompleted. My arguement was, that on any given day, whenever I quit the job, something had to be left incomplete. He had no benefits and did not give me any raise for 5 yrs, so was fed up of him. I did not want to leave this new job opportunity so decided to leave him but made sure that give him 2 weeks notice.
I was looking at the Better Business Bureau website. It says we dont take care of disputes between Employer/Employee. What should I do now?.
Is it worth hiring a lawyer for getting $4000.00?. Any inputs would help me getting this money back. Its a lot of money for me. Please access my situation.
Thanks everyone. :( :( :(
 
You don't need a lawyer

You can try:
1. Work Force Commission, they will help you. Everystate should have such a work force commission to help you get your money.

2. Small claims court, since the amount is less than $5000. Go to your local court, they will help you.

It's only $4000, you will get it.


munnabhai02 said:
Hello Everyone:
Actually reading post by ittsme123, was wondering if I could also add to this and seek any inputs from experts here.
I got my GC approved in June 2004 and cards received in August 2004.
Have been trying to quit my employer since then. Eventually got an opportunity 1 month ago and gave him 2 weeks notice. Joined new company.
Before leaving collected all my time sheets etc and was told that my balance money (including one pay check withheld since day one) will be mailed. But nothing happened after that. Two salary Fridays have gone by and have not heard anything. Its about $4000.00. Since the only earning member in the house of 5, have been feeling the financial pressure. Sent him 3 emails as a reminder but no reply. Before I left (In my final notice week), my employer was grumbling and sort of making up grounds that I am leaving some projects in the middle incompleted. My arguement was, that on any given day, whenever I quit the job, something had to be left incomplete. He had no benefits and did not give me any raise for 5 yrs, so was fed up of him. I did not want to leave this new job opportunity so decided to leave him but made sure that give him 2 weeks notice.
I was looking at the Better Business Bureau website. It says we dont take care of disputes between Employer/Employee. What should I do now?.
Is it worth hiring a lawyer for getting $4000.00?. Any inputs would help me getting this money back. Its a lot of money for me. Please access my situation.
Thanks everyone. :( :( :(
Click to expand...
 
munnabhai02 said:
He
Actually reading post by ittsme123, was wondering if I could also add to this and seek any inputs from experts here.
I got my GC approved in June 2004 and cards received in August 2004.
Have been trying to quit my employer since then. Eventually got an opportunity 1 month ago and gave him 2 weeks notice. Joined new company.
Before leaving collected all my time sheets etc and was told that my balance money (including one pay check withheld since day one) will be mailed. But nothing happened after that. Two salary Fridays have gone by and have not heard anything. Its about $4000.00. Since the only earning member in the house of 5, have been feeling the financial pressure. Sent him 3 emails as a reminder but no reply. Before I left (In my final notice week), my employer was grumbling and sort of making up grounds that I am leaving some projects in the middle incompleted. My arguement was, that on any given day, whenever I quit the job, something had to be left incomplete. He had no benefits and did not give me any raise for 5 yrs, so was fed up of him. I did not want to leave this new job opportunity so decided to leave him but made sure that give him 2 weeks notice.
I was looking at the Better Business Bureau website. It says we dont take care of disputes between Employer/Employee. What should I do now?.
Is it worth hiring a lawyer for getting $4000.00?. Any inputs would help me getting this money back. Its a lot of money for me. Please access my situation.
Thanks everyone. :( :( :(
Click to expand...


I advise that don't give up your hard-earned money. Some employers exploit money that way. Think about that he is cashing $4000.00 from every employee when he/she leaving his company. Lots of money, isn't it? That means employees leaving his company is also a cash-cow for him.

Normally you don't give up and press for money hard, eventually he is going to pay you back because from legal point of view he is in wrong side. You don't need to spend money for attorney. Do the followings:

1. First send him a letter (in prefessional way) reminding that he did not pay him $4000 and request him to pay you. Attach copies of timesheets covering that unpaid period. Mail it in certified post with return receipt - so that you have a proof that he/his office received the letter. Keep copies of the letter and documents you mailed him.

2. If he does not reply, send him second letter, again in certified letter with return receipt. This tim with strong words (but again keep in professional way). If you are W-2 employee just remind him if he does not pay you will report to local labor department. Also mention that if he does not pay you will take "farther steps" (don't tell him what is that step).

3. Now, if she does not reply second letter or pay you, report to labor department first. Then file a case in small claim court. You don't need attorney to file a case in small claim. It's pretty easy. Go you the webside of your local small claim court and gather all the information.

I am sure he will avoid going to all the legal hassles and pay you your money.
 
munnabhai02,
I agree with cklein's and pralay's suggestion to take the matter to Small Claims court. I had to go through a similar situation with a desi company recently. After step #1 (that Pralay has outlined), I got my entire money back. If I hadn't, I would have proceeded with the next steps and gone to Small Claims Court.

I want to add that when you write your letter to the ex-employer, include the important points that you have mentioned in your email to us. Those points are: giving 2 weeks' notice, your ex-employer's assurance that the money will be paid, your 3 email reminders, etc. As much as possible, provide dates of those conversations /emails /correspondence. If you had only discussed or agreed on something orally, put it in writing now. This creates a paper trail /documentation, that will be useful in court later (if it comes to that).

Be sure to include copies of relevant documents, like printouts of your email correspondence with your ex-employer regarding the matter on hand.

Since the amount is already due to you, tell him that he should pay up immediately. This timeframe for payment is another point that is needed in the letter. I had given about 15 days grace time in my case, but you need not.

Calculate and write clearly about the money that is owed to you. That is, if it is $4002.51, then provide this exact amount in your letter, along with any break-up. You will not be able to change the amount later.

Remember that you have to send the letter by "Certified Mail, with Return Receipt". If you don't know what that is, the local Post Office will be able to help you.

Good luck! Please keep us posted, if you can.
 
Thanks for the replies.
I am doing the same as per your suggestions.
Only problem is that all the timesheets since day one have no signatures of any supervisor and stuff. The employer can use this as a weapon against me saying that I did not work that many hours.
Still I will try to contact work force commission and small claims court.
Any ideas how to handle this time sheets stuff.??
 
munnabhai02 said:
Thanks for the replies.
I am doing the same as per your suggestions.
Only problem is that all the timesheets since day one have no signatures of any supervisor and stuff. The employer can use this as a weapon against me saying that I did not work that many hours.
Still I will try to contact work force commission and small claims court.
Any ideas how to handle this time sheets stuff.??
Click to expand...

If you have good relationship with your supervisor you can still give him a call and get it signed. You can explain that your employer is not paying you due to the absense of signature. I think he will understand the matter. If it's not possible him to sign timesheet physically, just send him an email where you can request him to confirm that you worked from so-and-so period to so-and-so period. That email proof is good enough. basically, as MBMseekingGC explained, you have to keep a trail of document (emails, timesheets, paychecks etc).

On the other hand, if you cannot get it signed, it does not matter. If you have to go to court, you can tell that you never got it signed from the beginning of the project and that's the way you were paid ever since. You have to keep in mind that, no matter whether your timesheet is signed or not, your employer is going to bill it to the client anyway (because that's the way he did ever since). Basically if he gets paid from the client company, he is supposed to pay you too. Not having signature cannot be excuse in that case.
 
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Yes -- if you were on H1B during the time in question, the law requires that the employer pay you, even if you were on the bench. So as long as you can prove you were employed and were on a H1B, they need to pay you, for each and every day. Timesheet is immaterial.

~T
 
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Take it easy

Hi Munnabhai, I would say take it easy as $4000.00 though hard to lose can be earned back. Not sure it will affect your GC later on if any investigations open (no basis ).

I think you should be happy that you got your GC through this guy. Leave him at that & move on ....

FYI... I have been in thir country 9 years, spent lots of $$$ for masters, spent money on H1 transfers, GC process, Labor, paper ads only to lose so much money invain due to losing jobs or bad employer.

My 2 cents !
 
I_want_gc_too said:
Hi Munnabhai, I would say take it easy as $4000.00 though hard to lose can be earned back. Not sure it will affect your GC later on if any investigations open (no basis ).

I think you should be happy that you got your GC through this guy. Leave him at that & move on ....

FYI... I have been in thir country 9 years, spent lots of $$$ for masters, spent money on H1 transfers, GC process, Labor, paper ads only to lose so much money invain due to losing jobs or bad employer.

My 2 cents !
Click to expand...

Easy on what? There are exploiters like this employer exist because there are people like you who wants to be exploited. Do you think that employer did a great benefit by sponsoring GC? Employer did for his own benefit. He will do something as long as it benefit him. When it does not benefit him anymore, he stops payment of $4000.00.
So, stop that crap about "move on" advise. You will find that you spend $$$ whole life just because you wanted to "move on" leaving every business unfinished.
 
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