Employer not paying wages and No W-2 for 2004

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pkd21

New Member
Hi,

I Joined a Consulting company in Oct 04. Before I joined the employer has promised training and Job Placement within 2 months of coming to the US. But the training provided by my employer was mediocre at best. He did not as much as send my resume for at least 1 job requirement.

5 months after coming to the US I finally found a project due to my own efforts in Mar 05(I have E-Mail Evidence). My employer started paying me from May 05 onwards with a reason that I would get paid only if the vendor pays him. He also took a Substantial amount of the billing rate before paying me even though he did not do anything to get me the project.

In August I shifted to a different consultant and now the end client has offered a full time position to me. Which I accepted. When it came to pay me for Aug 05 which was due in Oct 05. The employer not claims that since I had not worked for him for 1 full year he will deduct expenses from the august pay and will pay me the remaining amount only if anything is left out.

As far as I can remember the only expense he made for me was to put me up in a guest house for the first 5 months when I was on bench which I was sharing with 7 other people. And for the mediocre theoretical training which he provided with no access to the software which I was supposed to learn. I was not paid when I was on bench. My original offer letter says that I will be paid 45k but my actual pay during the project would have been unto 56K not counting overtime

What are my options? Do I need a lawyer to file a complaint in the DOL (I'm asking this coz if I file a complaint and do recover my Aug pay the lawyer fees might end up being more than my pay). Please advice as to how I may proceed to recover my lost pay without losing anymore money. I have read thru the Forums and the DOL website. If I do go ahead and file a case against my previous employer would that in any way affect me when I apply for future H1b Extensions and a green card? And there is a condition that me employer could claim liquidated damages from me in the even of my leaving. Does liquidated damages mean that i have to sign some written contract or does it mean any story that my employer could cook up saying that my leaving the company cased a dent in assumed profits.

There is also 2 other people in the consultancy who is facing the same problem as me. But I'm not sure if he would join me in case I decide to file a complaint with the DOL
 
H1B RULES
http://www.usjoboffer.com/news04.htm

Complaint to DOL for wages against employer
http://www.dol.gov/esa/whd/
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
http://www.immigrationportal.com/showthread.php?s=&threadid=103054&highlight=complaint+to+DOL
Fill up form WH-4 send it to DOL they will take care


http://www.dol.gov/esa/whd/
HIB complaint form
Print the form WH-4 The form must be forwarded to the Wage and Hour Division (WHD) office,
which has jurisdiction over the physical location of the employer.
For WHD locations, see the telephone directories under U.S. Government,
Department of Labor, Wage and Hour Division or
http://www.dol.gov/esa/contacts/whd/america2.htm on the internet
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
also visit the thread for complaint
http://www.immigrationportal.com/showthread.php?s=&threadid=124528
 
Hi Ginnu,

I Have already read all info on the Dol.gov website atleast 2 times over. My main question is that there is a clause in the Dol Website which mentions that the Employer can claim Liquidated damages from an employee if he quits before an agreed date.

But it is not clearly defined as to what Liquidated damages means

1. Is it something that an employer and employee have to agree in writing.
2. Is is something that an employer could cook up a story saying that because the employee quit i will lose so much money out of my targetted profits for the period mentioned in the LCA and INS applications
3. Can an employee be exempted from liquidation damages becasue the employer has not paid the employee on time for over a period of time and the employer has flaunted one or more of the immigration laws.

Since i have already moved out of the consultancy now i do not fear of discrimination. my problem is whether i will be liable for the liquidated damages.....

Thanks for the reply
 
The employer would also be liable to pay you for all bench time, threaten DOL action

pkd21 said:
Hi Ginnu,

I Have already read all info on the Dol.gov website atleast 2 times over. My main question is that there is a clause in the Dol Website which mentions that the Employer can claim Liquidated damages from an employee if he quits before an agreed date.

But it is not clearly defined as to what Liquidated damages means

1. Is it something that an employer and employee have to agree in writing.
2. Is is something that an employer could cook up a story saying that because the employee quit i will lose so much money out of my targetted profits for the period mentioned in the LCA and INS applications
3. Can an employee be exempted from liquidation damages becasue the employer has not paid the employee on time for over a period of time and the employer has flaunted one or more of the immigration laws.

Since i have already moved out of the consultancy now i do not fear of discrimination. my problem is whether i will be liable for the liquidated damages.....

Thanks for the reply
Click to expand...
 
I just sent a mail to the dumb ass to payup or threatning a dol complaint. hope this does not come back to bite me
 
Dear PKD,

I am also in similar situation. In my offer letter it says that the duration of employment is for 3 years. But I do not know if I leave before then will he be asking for damage.

Please let me know your experience.

Thanks

Desi
 
H1b - No PayStub, need to go to India

Hi

I am on a H1b , got converted from H4 last year , but still yet to get a JOB, meanwhile i need to go to India . If i get some paystubs from my employer by paying money, will it be a problem. Also What are the issues that i need to think about converting back to H4.

Thanks
LongLongAgo
 
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