Reporting Employer Violations/Abuse

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paulo27

Registered Users (C)
Anybody know how to go about reporting an abusive employer who has violated provisions of the laws governing H1b workers.

Do you complain to USDOL, USCIS or the state DOL.

Thanks
 
it would depend on what the abuse is, please sepcify...

paulo27 said:
Anybody know how to go about reporting an abusive employer who has violated provisions of the laws governing H1b workers.

Do you complain to USDOL, USCIS or the state DOL.

Thanks
Click to expand...
 
Failure to pay wages after being present in the US more than 30 days (H1b sponsored through consulate) and refusing to pay full time (40 hrs) salary when employee worked less than 40 hours due to benching as there was not enough work for that week.

Employer also did not post LCA in employment facility as required...
 
paulo27 said:
Failure to pay wages after being present in the US more than 30 days (H1b sponsored through consulate) and refusing to pay full time (40 hrs) salary when employee worked less than 40 hours due to benching as there was not enough work for that week.

Employer also did not post LCA in employment facility as required...
Click to expand...


If you are sure that there is LCA, which I suppose it is there otherwise your h1 would not have approved. Please ask your employer about your LCA. Its your right legally and emloyer is bound by law to provide you LCA.

Secondly no matter what if you have work or no work and if you are benched or whatever. Your employer is suppose tp pay you legally no matter what. When your emplyer applied for your h1, he has made declaration and signed to BSCIS that he will pay you on time and minimum wages and for unproductive time TOO.

So you can definitely make comlpain to fair wage and time agency of whatever state you are.

Youe company will be screwed and the company itself can be debarred for functioning further h1b. YOur employer can not take any action against you for complaining to govt authorities for wrong doing. YOu are also immune for legal action from your employer for making complain to authorities.
Authorities will make sure that yo get your back wages etc.

Your emplyer can not fire you immediately but obviously working with him will be difficult.

So course of action should be asking salary, salary slip and LCA. Preferably in recorded postaage and email. Keep track of all the correspondence. And if he does not provide the papers and salary on time then you go ahead with complaining. But preferably find new job in hand just in case or some other h1 sponcer who is honest enough

Thanks
DEsi
 
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