Help!

M

m_mm

Registered Users (C)
My employer is holding my pay since two months and when i have asked the reason for doing so he says that i have to come to his office and work on something which is not relevent to my skillset(I am a Software engineer working as a consultant for a placement company and he is asking me to work as a recruiter) or else he is going to terminate my employment without giving proper reasons in the termination letter.If i am in between projects(Which i am right now) he has to pay me during that period but he says that if you don\'t come to my office and do the work which i ask you to do then i am not going to pay you,which i do not have to do it since i was hired as a software engineer.
Another reason which he gives for not paying me is,since i have processed your Green Card(which he did) you need to pay all the expenses .But,it is the benefit which he is giving me as per the appointment letter.
I have two appontment letters one for 12 Months dated June 99 and the other for 18 months dated Nov. 2000 from the same employer. I need to pay for the processing if i leave the company before that period, but my Green card processing was started in feb 2000.
Please advise me.
 
No Title

Can anyone please help me in this regard.Also i would like to know if if there is any problem to my status.
 
did you already get GC through them?

Did you get GC through them? If YEs, you may be able to leave him right away with reasoning of not paying you and not to worry about GC expenses.

If you do not have GC through him, what are you choices? Do you have any other job lined up? you cna leave him right away in that case.

Provide more details
 
No Title

Thankyou,I already got the GC from him but it is the benefit which he is giving to his employees so my question is why should i forego my two months salary.During my GC processing he has threatened me that he is going to cancel my GC if i won\'t accept pay cut and he has reduced around 20K in my pay.
 
No Title

If you already have the GC there is little he can do.

He can\'t very well go the INS and say he was not paying you,
because that would put him in hot water.

You need to do some research regarding what are the implications
if you leave now. I think this guy sounds like a jerk, so the
sooner the better.

It\'s your life, so you need to find out yourself by searching
this board.
 
Your options

If you have GC, you can leave him right now. Write a letter statingthat you are leaving as you are not getting paid for so many months you had been employed. He can do nothing and you do not need to worry about him. Keep a copy of your resignation letter and relieve letter from you. If you hav time and enegry you can take him to court to pay you.

What are chances that he may be able to get contract very soon so that you can get on job and get paid? What are chances that you can easily get job in your area of expertise? Weigh these options and make best call. If you are out of job, you will get unemployment benifits.
 
Don\'t resign !!!!

I would suggest not to leave him but at the same time keep your search on for new jobs on. Write an official letter by certified mail mentioning that you have not got paid for 2 months and ask them for explaination for that. I am sure you will get paid for those two months as well as get a termination letter.

I know these are tricky situations but I know people who did that successfully !
 
For JoeF

Seems like you are pretty knowledgeable and helpful. I would like your insight on a slightly different situation.

My wife and I got our GC processed through my employment. She as the dependent. Before our I 485 was approved but after it was filed, my wife\'s company requested (required ??) the employees to take a pay cut of 20%, which they said they would pay after the next round of funding. She works for a software startup (which sounded very good when she joined them).

Now my questions are:
a) The salary she receives is markedly different than the one filled out for her LC. So is she legally at fault?
b) If so, what are the repurcussions?
c) Can it be argued that since everyone\'s pay was down by 20%, it was the employees but the employer who is at fault, since they are breaking the agreement they have with the INS regarding what amount they are going to pay the employee. I checked the LC paperwork and it is to be filled by employer and not employee.

Your thoughts would be very much appreciated. Thank You.

Regards
seebeekay
 
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