My Employer is not paying my salary...

[helpme17]

I have a problem with my ex-employer- I had come to US through him in Nov 2007 but and was on work since the next day of arriving but was not paid salary for 1st 40 days when pressed why? I was told that it is company’s policy. Then I was sent at client site after 6 months.

In the mean time in October I got an offer from the client to join him permanently which I discussed with my employer on phone. My employer asked me to wait till Dec. and then I can resign but in Dec. again he raised some issues and asked me to wait till January 1st week. Again in January he said that I will be completing one year with my client by April end so from May I can finally join him. In April I gave my resignation (with 1 months notice) to my employer and joined my client.


I have not received my April month’s salary till date. Now after 3 months he is sending me a non competency agreement which says I cannot join the client for 1 year from the date of resignation and if so I will have to pay him 2 months salary offered by client. He will only release my salary if I sign the non-competency agreement.

Please guide me

 

[DESILAL]

Hi,

If you have all the proper documents to prove your case you can either file a case with DOL or file a lawsuit against the company in the court. In addition to your past wages, the court will order to pay an interest since the wages were due and some penalty. Filing a case can be a long drawn process but in the end you will win provided you are telling the truth and there is nothing fishy regarding your case.

I myself have usefully sued (while on H1B) and won against one of my previous employers for not paying wages as agreed. If you are filing a lawsuit there will be time limit before which you will have to file the lawsuit. Check with a good lawyer.

I didn't file with DOL but went for a private lawsuit through an attorney.

DL