Help: On H1b consulting - Non-payment of Salary??

S

subash1977

Registered Users (C)
hello,
I am with a desi consulting Company on h1b.
I am on a project, If I get another offer & take it up without nothing more than 1 day notice to my current employer....

Does he have any legal right to hold payment for the last pay period? I have confirmations of Time sheets sent to them via Fax.

If he causes issues in paying my dues... What can I do to make sure that I get my all my Pay (and pay stub) till the last date I worked for him??

thank you.
 
I am with a desi consulting Company on h1b.
I am on a project, If I get another offer & take it up without nothing more than 1 day notice to my current employer....
your subject heading and the content is not clearly in sink. why do you want to leave your employer without proper notice. are they currently not paying the salary properly?
Does he have any legal right to hold payment for the last pay period? I have confirmations of Time sheets sent to them via Fax. it depends on your employment contract. if you have signed agreement that you have to give them certain notice then you have to abide that. your employer cannot simply hold your salary if you breach your contract. check your employment contract. your employer may have the right to deduct from your paycheck or hold it if you dont give proper notice for which you have agreed prior to joining them. also remember that even if you have signed agreement that may not be valid as most of the state law prohibits such policies in which case law will overrule your employer policy. you are bound to the state law where you work or leave now.

If he causes issues in paying my dues... What can I do to make sure that I get my all my Pay (and pay stub) till the last date I worked for him??
generally you can complain to your local dol. if you and the employer reside in different states then your local dol will forward the case to the office in the juridiction of you employer to investigate the case. ironically there were some backlog in these investigations too especially if your employer is in nj or ny or il or ca or tx area.
 
ON H1b - Non payment of salary.

Yes. My employer did have a contract for 1 yr duration. I have completed more than 1 yr with them. But one clause in the contract says:

"After expiry of the initial contract period (i.e. 1 Yr), the contract may be terminated with an 1 month notice to ensure an orderly phase out."

I really dont know what this means... If I have finished the 1 yr period.. why am i to give an 1 month notice...

And a 1 month notice is never ever possible.... the other (new) employer will not wait for such a period....!!!

All I want to know is if this contract is valid legally? The employer is in NJ. :confused:

I was told that legally, the employee may give just a 24 hr notice.... and leave an employer.. Is this correct?
 
Yes. My employer did have a contract for 1 yr duration. I have completed more than 1 yr with them. But one clause in the contract says:

"After expiry of the initial contract period (i.e. 1 Yr), the contract may be terminated with an 1 month notice to ensure an orderly phase out." if you have initially signed this agreement then its legally binding. check what if you could not provide 1 month notice. there should be a clause something like using the vacation hrs or salary in leiu of the difference. all depends on the state and your employment contract.

I really dont know what this means... If I have finished the 1 yr period.. why am i to give an 1 month notice...

And a 1 month notice is never ever possible.... the other (new) employer will not wait for such a period....!!!
understandable but you should have thought this before signing such agreement. better work with your employer and quit in peaceful way
All I want to know is if this contract is valid legally? The employer is in NJ. it is valid if you have signed the agreement. if the agreement does not say the alternate way then you may have the chance but you should discuss this with good lawyer in nj area (not in your state). that employment contract will be bound to law of state of nj. also generally h1-labor prohibits such exit penalties. but no one would be sure what your employer will claim. it is understandable that you cannot give 1 month notice but may be 1 or 2 week notice should be possible. try convincing your employer or ask them for alternate solution. they may have to provide an alternate solution. they simply cannot claim that you have to give 1 month notice and no provision for using your vacation hrs or withhold your wages in lieu of notice period.

I was told that legally, the employee may give just a 24 hr notice.... and leave an employer.. Is this correct?
generally yes. but you have signed an agreement which you must abide. if you have really a genuine reason that you wish to quit due to issues like delayed salary or non-payment of salary or harrassment etc then you dont have to comply with that. its always better to exit in good way. try to work out with your employer or talk to good lawyer. if possible give atleast 2 week notice to your employer becuase your employer is bound by his contract with your client or subclient to give proper notice.
 
Thx for the info.

But all this seems scary. Besides looks like going to a lawyer etc will take too much time & money... and anxitey.

Can someone else comfirm that - for h1b workers.. there is no binding contract and that we are entitled to get all the money for the period we have worked for? and work at will?

and also where to go & what to do to appeal this if I dont get my money. (based on NJ law.. if that matters)
 
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
 
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