Legal Opinion

S

Sudheer K Parasker

New Member
Hello!

My friend's x-employer had made him sign a bond (2 yrs) in India before processing H1-B visa and bringing him to USA. After his arrival he was not paid for 2 1/2 months as his employer could not find a job for him. Finally, my friend himself found a job and after five months transferred H1. Now he has received email from the x-employer saying he will be pursuing legal actions against him and if he doesn't want to go thru the hassles asked him to cough up $XXXXX + intrst. What steps should he take? Please advice ASAP.

Please let me know if this is not the correct forum.

Thanks in advance.
 
My friend's x-employer had made him sign a bond (2 yrs) in India before processing H1-B visa and bringing him to USA. After his arrival he was not paid for 2 1/2 months as his employer could not find a job for him. Finally, my friend himself found a job and after five months transferred H1. Now he has received email from the x-employer saying he will be pursuing legal actions against him and if he doesn't want to go thru the hassles asked him to cough up $XXXXX + intrst. What steps should he take? Please advice ASAP.

-- I am not a lawyer. But this is my understanding. :-

His x-employer himself has violated the law by not paying him the salary for 2.5 months. It is against the law to bring someone from India and keep him without the salary just because he "does not" have a job. The H1 is granted because you have a job - (that's what employers promise when they file for the H1.).

Therefore your friend should consult an attorney and then get back to his previous employer to tell him the consequences (if there are any, as per the attorney's advice).
 
bigboy00 said:
My friend's x-employer had made him sign a bond (2 yrs) in India before processing H1-B visa and bringing him to USA. After his arrival he was not paid for 2 1/2 months as his employer could not find a job for him. Finally, my friend himself found a job and after five months transferred H1. Now he has received email from the x-employer saying he will be pursuing legal actions against him and if he doesn't want to go thru the hassles asked him to cough up $XXXXX + intrst. What steps should he take? Please advice ASAP.

-- I am not a lawyer. But this is my understanding. :-

His x-employer himself has violated the law by not paying him the salary for 2.5 months. It is against the law to bring someone from India and keep him without the salary just because he "does not" have a job. The H1 is granted because you have a job - (that's what employers promise when they file for the H1.).
Therefore your friend should consult an attorney and then get back to his previous employer to tell him the consequences (if there are any, as per the attorney's advice).
Click to expand...
------------That is the correct info. your friend need nothing to do.keep the email asking for $XXXXX + intrst as evidence. employer cannot ask for that.
you dont need to reply him at this time but can file complaint against employer with DOL to recover the wages.


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
 
Thanks a bunch for a quick reply, i'll let him know. But the problem is his employer has filed a case in India and made him write the bond in India, don't know how 2 deal with that....
 
Sudheer K Parasker said:
Thanks a bunch for a quick reply, i'll let him know. But the problem is his employer has filed a case in India and made him write the bond in India,
-------------------Case in India will take 50 years.............. relax!!!
don't know how 2 deal with that....
Click to expand...
 
Employer Contract Issue

Hi all the gurus,

I was badly looking for this type of thread & glad that I found this discussion thread.

Here is my history :

I worked for my old employer for more than 6 years & they had filed for my Green Card (GC) processing. They had made me sign a bond that if I leave the company voluntarily before the GC comes or within 1 year of my GC approval, I'll need to pay $8000 for that. My GC was filed in early 2001 & I am yet to get the GC. By the way since last couple of years my old employer exploited me..he employed me in a place where I had to commute 120 miles a day, spend 12 hours shift & work on weekends.

I requested the old employer to find a job near to my home locally as this job was very taxing on me & also I started developing some serious medical problems. Even my family doctor advised me against long commute & work. He gave to me in writing as well. My family started having mental problems as well due to this. My old employer never bothered to do anything for me. Hence I was forced to quit. Also my 485 has been filed & I have my EAD thru them. Now the old employer is asking me to pay $8000 for this bond. He has already earned more than $300,000 from me during these 6 years, never increased my salary. I thought after making me slog like a slave for more than 6 years, he wont bother for $8000. But the employer is such a greedy pig that he has now filed a lawsuit against me to pay the amount.

I have hired a lawyer as well & am fighting for it. Basically I want to get justice & am not willing to pay a single penny to the employer as he has sucked my blood all these years paying me just peanuts. Also the employer lays off many employees very often & doesn't pay them anything on bench. I was also thinking to compain US State Department of Labor about this. What do you suggest? I have valid proof of people who were on bench & are ready to co-operate with me. I just want this employer to get screwed royally. Also so that they don't trouble any other people like us. We should teach them a lesson. Your suggestions are welcome how to do this.

As of now, situation is that my lawyer has filed a motion to dismiss the charges against me as I was forced to quit here citing the valuable reasons - Medical Problem, Exploitation etc & I am waiting for the employer's response now. Lets see where this leads to..fingers crossed. Please give me ideas & suggestions how do I come out of this situation.

I just signed 1 page for this green card bond. Also it mentions in the bond that if you resign voluntarily, then you have to pay this amount. But in my case I didnt resign voluntarily..I was forced to quit due to medical problems & the nature of the job. They were just expoliting me!! Any help will be highly appreciated !!

Thx,
Babu71
 
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