1. company operated from home
problem from the employer: if the company cannot afford to pay the meager amount of office space rental then in no way it can afford to pay you the salary. even if the company is in business for many years and claim to have good profits then it is more a red flag. because a company not willing to pay for office space may not pay the salary on time or may not be willing to pay you for any reason.
problem from the government: visa may be delayed or denied by the consular office if the company is not operated in commercial office space.
problem for the employer: they may loose their home if there is any lawsuit (depends on the court).
2. company should give offer letters
problem from the employer: company trying to delay or avoiding to give offer letter is not genuine. expect any kind of problem.
problem from the government: if there is any dispute (sure you will) then the court will not be able to settle based on employees arguments for wage agreement which was not in writing between employer and employee.
caveat for employer: even if the company does not give offer letter describing the wages the court will look into the lca and order to pay the wages attested in the labor.
3. web presense
no website: then no company. red flag. think twice.
poor or cheap website: do your home work
providing personal contact information: red flag. red flag. red flag. company is operated by the owners personal choice. may be problem later.
4. cheap marketing - stay away - red flag - take your risk
a genuine company dont have to try recruiting in public forums
proving free email address
5. flexibility options
there is nothing flexible in terms of employment or business. get everything in writing. there can be no under table transactions or agreement by word. everything should be in writing or atleast in email communication for later claims.
6. pre approved labor
can be genuine or not.
but giving this option in exchange of clients is bad and risky for the potential employees
pre approved labor should be evaluated using YOUR OWN lawyers before accepting the offer.
7. h1 filing fee
you are not required and supposed to pay the h1 fee.
problem for employer: employer will face severe fine and penalties for this
8. startup companies.
may be genuine and good but hard to prove the ability to pay clause resulting in denying h1 or greencard petitions.
9. friends company
do not mingle employment and friendship
10. direct deposit policy
if there were no direct deposit policy then expect many surprises. you may not get the paystub on time. this policy can be used by the companys advantage
11. benching policy
problem for both employer and employee. if the employee files complaints they may be protected by many ways and the employer faces large amounts of fines and get debarred from filing h1 or greencard.
12. non compete agreements
generally these agreements were not valid in most of the states. it also depends on the wording.
unless you are sure about what it actually say its better to consult with employment law attorney. you have the right to deny to sign it but may loose the opportunity. the agreement signed after joining is completely invalid.
13. non disclosure agreements
whether signed or not it is enforceble to protect the company business or its trade secret. if the company violates any law then those non disclosure agreements may not be valid. you have the right to disclose it to the concerned department.
14. penalty for early termination
h1 and labor law severely prohibits it. it depends on wording too. it may be enforceble for some extend (depending on wording) if it does not violate public law.
15. company holding original certificates or passport.
a company cannot hold any of your origininal certificates beyond certain time for any reason.
a company cannot hold or retain your passport for any reason. not even another country. the passport is yours and given by your country. it is the preveledge given by the country. only the country issuing that passport has full rights. it is international violation to hold others passport (you cannot hold even your spouse passport). report it to your nearest police and consulates.
16. green card abuse
labor and i140 is employers document. i485 is employee document. it is unethical to hold labor and i140 copies from employees access to ensure they work for the company for more time. it is not illegal per labor/immigration law but discrimination which can be filed with eeoc.
if the employee contributes even a penny for their greencard then they have the right to get copy of those documents. employer cannot and should not deny it.
copies of those documents can also be obtained by filing using freedom of information act.
problem from the employer: if the company cannot afford to pay the meager amount of office space rental then in no way it can afford to pay you the salary. even if the company is in business for many years and claim to have good profits then it is more a red flag. because a company not willing to pay for office space may not pay the salary on time or may not be willing to pay you for any reason.
problem from the government: visa may be delayed or denied by the consular office if the company is not operated in commercial office space.
problem for the employer: they may loose their home if there is any lawsuit (depends on the court).
2. company should give offer letters
problem from the employer: company trying to delay or avoiding to give offer letter is not genuine. expect any kind of problem.
problem from the government: if there is any dispute (sure you will) then the court will not be able to settle based on employees arguments for wage agreement which was not in writing between employer and employee.
caveat for employer: even if the company does not give offer letter describing the wages the court will look into the lca and order to pay the wages attested in the labor.
3. web presense
no website: then no company. red flag. think twice.
poor or cheap website: do your home work
providing personal contact information: red flag. red flag. red flag. company is operated by the owners personal choice. may be problem later.
4. cheap marketing - stay away - red flag - take your risk
a genuine company dont have to try recruiting in public forums
proving free email address
5. flexibility options
there is nothing flexible in terms of employment or business. get everything in writing. there can be no under table transactions or agreement by word. everything should be in writing or atleast in email communication for later claims.
6. pre approved labor
can be genuine or not.
but giving this option in exchange of clients is bad and risky for the potential employees
pre approved labor should be evaluated using YOUR OWN lawyers before accepting the offer.
7. h1 filing fee
you are not required and supposed to pay the h1 fee.
problem for employer: employer will face severe fine and penalties for this
8. startup companies.
may be genuine and good but hard to prove the ability to pay clause resulting in denying h1 or greencard petitions.
9. friends company
do not mingle employment and friendship
10. direct deposit policy
if there were no direct deposit policy then expect many surprises. you may not get the paystub on time. this policy can be used by the companys advantage
11. benching policy
problem for both employer and employee. if the employee files complaints they may be protected by many ways and the employer faces large amounts of fines and get debarred from filing h1 or greencard.
12. non compete agreements
generally these agreements were not valid in most of the states. it also depends on the wording.
unless you are sure about what it actually say its better to consult with employment law attorney. you have the right to deny to sign it but may loose the opportunity. the agreement signed after joining is completely invalid.
13. non disclosure agreements
whether signed or not it is enforceble to protect the company business or its trade secret. if the company violates any law then those non disclosure agreements may not be valid. you have the right to disclose it to the concerned department.
14. penalty for early termination
h1 and labor law severely prohibits it. it depends on wording too. it may be enforceble for some extend (depending on wording) if it does not violate public law.
15. company holding original certificates or passport.
a company cannot hold any of your origininal certificates beyond certain time for any reason.
a company cannot hold or retain your passport for any reason. not even another country. the passport is yours and given by your country. it is the preveledge given by the country. only the country issuing that passport has full rights. it is international violation to hold others passport (you cannot hold even your spouse passport). report it to your nearest police and consulates.
16. green card abuse
labor and i140 is employers document. i485 is employee document. it is unethical to hold labor and i140 copies from employees access to ensure they work for the company for more time. it is not illegal per labor/immigration law but discrimination which can be filed with eeoc.
if the employee contributes even a penny for their greencard then they have the right to get copy of those documents. employer cannot and should not deny it.
copies of those documents can also be obtained by filing using freedom of information act.