Problem with the employer

indomitable_77 said:
Hi,

I intimated my old employer abt my resignation ...

Today i received a lawyer notice from my previous employer's attorney stating that i cannot work with the same client or vendor for the next 1 yr, which is mentioned in their contract.

As per the US law, i heard that no employer can hold the employee or any employer can lay off their employees any time without prior notice. So, in my case, will i be liable to any legal action?
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You said, you sent resignation to prev employer, then 'lay-off' scene doesnot apply to your case.

IN US, terms of employment are mostly 'AT WILL' from both sides; unless other wise stated diffrently and signed by both employer and employee.

Regarding non-payment of salary on H1-B status, It's DOL violation for employer and H1-B violation for employee for being out-of-status, which will impact future H1 visa stamping. At max, DOL sends notice to employer to pay any back-wages. BOTH are held responsible for violations.

Also, It'll impact negatively future H1-Bs of that company at USCIS and Consulates on issuing/stamping visas; that's the reason you see lot of 221-g RFEs for H1 stamping as all these complaints eventually routed to American consulates around world to put a red flag for that US employer for scrutiny.

Regarding, lawyer notice, it's common that every vendor/consulting firm has NON-COMPETE agreement with client and employee(you) that one can not take/offer services directly for certain period of time.
 
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Guys,

Can some one tell me where to report a scumbag employer to INS, Gimme a website or phone number.

My wife's employer didnt pay her for extra hrs worked in teh last paystub since she quit the a**hole. He did pay extra hours before for which I have proof in paystubs.

Also, he charged us cleverly for H1 filing fees over $1200. I have emails from him and a print out of charges he claimed from us, but no hard evidence.

How do I nail this sucker..He is the worst kind of consultant I could have ran into on this earth ...and I did. My wife is now safely employed with another company,

I have already reported him to the state DOL Wage division. He should be getting the letter anytime now.

Help appreciated.
 
File a claim with DOL

To get started, file claim with DOL. it is very easy. claim whatever you can like vacation(unpaid?), OT, expenses & any bench time etc. I won against my former employer. dol awarded me my wages, OT with penalties and interest. I screwed him since he gave me hard time.

thx,
chito
 
jonty_11 said:
Guys,

Can some one tell me where to report a scumbag employer to INS, Gimme a website or phone number.

My wife's employer didnt pay her for extra hrs worked in teh last paystub since she quit the a**hole. He did pay extra hours before for which I have proof in paystubs.

Also, he charged us cleverly for H1 filing fees over $1200. I have emails from him and a print out of charges he claimed from us, but no hard evidence.

How do I nail this sucker..He is the worst kind of consultant I could have ran into on this earth ...and I did. My wife is now safely employed with another company,

I have already reported him to the state DOL Wage division. He should be getting the letter anytime now.

Help appreciated.
Click to expand...

Jonty,

My wife had similar problem.. we used this form to file a complaint.. in Sept 2005
http://www.dol.gov/esa/forms/whd/WH-4.pdf
After that we got a letter from DOL in Nov 2005 that they are going to start action against the employer..

After that we didn't hear anything from DOL

In the meantime we changed her status back to h4.

Thanks
 
chito123 said:
To get started, file claim with DOL. it is very easy. claim whatever you can like vacation(unpaid?), OT, expenses & any bench time etc. I won against my former employer. dol awarded me my wages, OT with penalties and interest. I screwed him since he gave me hard time.

thx,
chito
Click to expand...

chito123,

what kind of complaints did you file? How much time did it take?

Thanks,
 
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