Sued by previous employer

R

rk_h1b

Registered Users (C)
Hi,


I came from India on 04-AUG-2004 on a H1-B visa through company A, After coming to US my employer made me to sign a contract stating that i should work with him for a period of atleast 2 years otherwise i should pay $28000 if I leave him before the stated 2 year period.

Actually the employer did not inform me any thing about the contract when I was in India. I was informed about the contract only after coming to US. I signed the contract since I am left with no other choice like I was new to this country.

The company offered me a very low salary of just $47000 P.A even though I am holding a Master's degree in Computer Applications and having a lot of work experience back in India.

My previous employer didn't pay me any salary
till 01-Oct-2004. He mentally tortured me in this period and did not provide any health insurance coverage also.And he said that he is not going provide any relocation assistance.One more thing is that time I was staying in guest house which is provided by Company A, and he put me pressure to vacant that guest house.That time he was not paying the salary and he asked me to
vacant the guest house.Since I thought to left this company and I have started to search good job.

He found a work contract for me on 01-Oct-2004 in New Mexico, Before starting work on that project I was told that this assignment is for a period of 3 years and I can take apartment there for lease.So i went to new mexico and took an apartment for lease.

Unfortunately that assignment got closed in just one month and I came back to New york to my employer in 1st week of November, I paid lease breakage amount.

Then I found a another assignment in White Plains,NY with the help of my friend.

After joined in that assignment I came to know that it needs a different skill set from the one I have. Even though I expressed to my employer that the assignment needs different skill set, My employer still forced me to work on that
assignment with the client in White Plains,NY.

Just before starting work on that project I
requested my employer to hike my salary as cost of living in NY is very high and also had plans to bring my family(Spouse + 2 Kids) over
there from India. But my employer refused to hike my salary.

As I am left with no other choice, I started working with the client in Whiteplains,NY and i had to spent $30 every day from my pocket for commuting to whiteplains, NY from New Jersey.

Later after some time I got a good offer from current employer( current employer ) which I accepted and started working with them from 01-Dec-2004.I informed to client manager and I have given my resignation on 10/27/2005.

Client Manager accepted my resignation.

On dec 1st company A(Previous employer) deposited my Nov month's salary but very next day he has reversed my salary from my account even though I worked for my previous employer for the whole of Nov month.

Now my previous employer filed a lawsuit against me in Bergen county , i got summons on 24-Jan-2005 .

I didn't get any salary for the following period :

08/04/2004 - 10/01/2004.
11/01/2004 - 12/01/2004.
and also He didn't give my w2-form for the 2004.I filed a complaint in the IRS.

Please advise me , How to procedd with this.
Still my case is pending...my attorney is not an agressive I spent almost 4k till now.He didn;t do any thing.

Can you suggest some good lawyer?
rgds,
RK.
 
No need to hire a lawyer. Go to DOL website. Down load H1B complaint form and fill it with all details you mentioned here and fax to the related state (DOL office) where your ex-employer do buisness.
After that just sit back and relax.
You have all the right to change the employer if your ex-employer is not paying you. Your ex-employer break all contracts on the day he brought you to US on H1B and didn't payed you.
Send me an email at nisar61ali@yahoo.com and I will guide you further..
 
Can u tell me which form I need to download.Since 1 year I spent almost 4k for attorny.Really I am having sleep less noghts with this lawsuit.I am staying here with family.I am not able spend my good time with my family.



Please help me..which for I need to download? where I have to send that.



Thank you very much..I appriciate ur quick reply.Plese guys help me to come out of this.
 
"I didn't get any salary for the following period :

08/04/2004 - 10/01/2004.
11/01/2004 - 12/01/2004.
and also He didn't give my w2-form for the 2004."


Look at company's Employment Handbook. And if they have mentioned that first 30 days will be used for getting all your documentation in your order. This Time period is used to get SSN#, Acclimating with local culture etc. And if this is a standard policy which they implement than they might be able to justify that.

But 09/04/2004 to 10/01/2004 and 11/01/2004 to 12/01/2004 you should be paid. And a letter to DOL will help you get that.

Not giving W2 is illegal. DOL will also help you with this.

But as far as this lawsuit is concerned you need to look at your employment contract. And see what were the exit clauses. If there were any notice periods that you didn't give than they have civil case with you. There is a chance if this contract is too much biased towards Employer than the Judge can disregard the Employment contract. But this is something a good labor lawyer can tell by looking at your employment contract.

But keeping all the glaring illegal actions that they have taken. You might be able to settle the lawsuit. Because for them to proceed they need to make sure that they have paid you all outstanding compensation. But writing to DOL just stick to facts and be rational not emotional.
 
Hi,
I am able to settle this, I said him that I am able to give 8k.Because I didn't give any notice period that is there.

But still he is sitting on 28k.he said the he can negotiate some few thousand dollars.But I said him that I can pay only 8k.

8k also more money what to do? I can get some relax right.But this Jean Martin Inc, is taken agreements from every one.But all the people working there because of agreement.Nothing else.


Thanks,
RK
 
One more Imp thing I forgot to tell u that,In the offer letter it self they mentioned that after getting project only they start my payroll.They have mentioned in offer letter.

This is against labour law. Is n't it?

--RK
 
Hey

I really don't understand why you are spending so much amounts on needless things. Why don't you call the DOL and they will send you the required letter. As per the law, once you are in US on H1B, your employer is supposed to pay you a salary. There is no "bench period" and your employer will be blacklisted if you complain.

Reading your story, I would not have given an iota of thought before complaining the DOL. You ought to speak up with your employer and stand on your word.

Nothing is gonna happen to you. Search for a new job, settle in it and then sue him back for all amount that you have spent.

Good luck,
 
Hi,
I have complained to DOL , but I didn't get any response from the DOL.Somebody told me that DOL will accepts complaints for recent violations and we need to complain with in the year.Is it true?

I releved my attorney , I have asked another to review my case and he said that you will get default judgement against you.What is the meaning of this? court asked me to pay whatever they are demanding or they will ask me to pay actual wages?

How thease judgements will be? I have contacted my ex employer he is asking me lot of money.

What to do? I am planing settle this court out of the court but my ex employer is asking lot of money.

If I engage another attorney I don't know what he is going to do? Every attorney is looking for money only. I have already cheeted by another attirney I lost 4000$.

Thanks,
Ramesh Kumar Madhu.
 
Urgent..Please respond

Hi,
Just now I received a notice from my ex employer's attorney sayig that there will be default judgement against me.

Can you please tell me what are all my options?


I am in bit of scare situation.Actually my Ex employer suied me because fo breach of contract and he is demonding 28000 as liquidated damages.Since one and half year case is pending in NJ court.Last month there was a motion against me.I have sent a letter to court saying that I will be leaving country and I don't want to continue with this litigation.

JustI got a letter from my Ex employer'a attorney saying that there will be default judgement on mar-30th against me.

What it is meaning? court stright away will ask me pay $28000 or will court will ask them produce any evidence for these 28000?

If court give judgement me saying that you need to pay 28000+attorney charges then what will be my situation.

I cannot pay that much money.Can any body suggest me how to deal with it?

Thanks,
RK
 
to rk_h1b

RK

What happened to your case finally?
Can you throw us some light

I am in similar postion as you are.
 
You seem to have no idea of complications you have made by not following simple logical steps. Here is basic advise for you to protect from major liabilities.

1) Signing of contract:- It was your decision to sign $ 28000 contract. If you say that you had idea of contract prior to coming to US, you should keep all documents and letters as proof if the matter goes to court. It could have helped to prove that contract is null and void.

2) Court summons: Please take all court notices very seriously and make it a point to be present when needed even it means travelling to other state and taking a day off from current work. Failure to be present in court will result in court decision again you and court will award judgement in favor of plantiff and against you. With this court judgement, the plantiff can get authority to garnish wages from your current employer which generally doesnot exceed 30 % till the amount is paid full.

Also note that a court judgement will result an entry in credit history which many credit card issuers take seriously and may not give favorable interest rates.

3) Breach of rental agreement lease:- You signed a lease of say 12 months and walked away after 1 month. The rental agency can sue you for loss of rent for 11 months and file a claim in court in their city. If you fail to be present in court, judgement against you can be awarded as above.

4) If you have all evidence, it is easy to avoid expensive lawyers. You may also explore telephone legal advices which charge a fixed amount per call which is much cheaper.

5) If you prove that you were harrassed by not getting paid, forced eviction, undisclosed important information in contract, there is strong possibility of winning case and getting your expenses back.

5) To summarize, always understand your legal positions, keep all your documents ready, attend court and have faith in legal system of this country. If you do that, you will not be disappointed.
 
Complain in DOL againest them...

This company have also filled a similar case againest me. They did not paid me as well when I was on bench (1-2 months, when I came to US) and kept me in some so called Guesthouse in very bad conditions. I left them after 7-8 months and now they are asking for lot of money for their Damage Liquidation. I have got a summon from court which I will be replying soon. I know they wrote in agreements that "you will get your salary, once you got a project". But that is not valid according to Dept. of Labour (DOL) and that is a unlawfull practice.

I am also planning to file a complaint againest them with DOL. Let us all come together to fill this complain againest them. I have created a email address for this, so please contact me on this email address - antijm@gmail.com

This company is mentally torturing the people who are coming to US and we should not allow them continue that. So even if you know somebody who want to join us in this complaint, please give this mail address to them.

Rakesh: I do not what happen to your case, but even if there was a defualt judgement againest you, you can still go to DOL and they can still look into your case. So please join us to defend our rights.
 
06/23/2006: Growing Trend of Commencement of Removal Proceedings Upon Denial of I-485 Applications and Suggested Options to Cope with the Changing Environment

The USCIS Director and the Deputy Director consistently confirmed here in San Antonio that there would be a growing trend of issuance of NTA upon denial of I-485 applications if the alien was not in a valid nonimmigrant status. The NTA is the first step of the agency to commence removal (deportation) proceeding. Legally, the Service Centers and other field offices of the USCIS were authorized to issue NTAs when the alien was not in a valid nonimmigrant status, but as the country is moving towards the direction of reinforcement of the system to control illegal aliens and immigration status violators, the USCIS is also apparently pressured to participate in the action. For the reasons, a growing number of EB-485 applicants will face NTAs from here on. Under the rules, once the NTA is issued, the jurisdiction is swifted to the Immigration and Customs Enforcement (ICE) and the immigration courts from the USCIS.
There are three things the applicants should keep in mind to cope with the forcecoming changes in the immigration environment:
(a) As the House Judiciary Subcommittee hearing on June 22, 2006 strongly suggested, the DOL and USCIS would move towards increased enforcement of employment-based nonimmigrant and immigrant status violators including employers and employees through cross check of actual payment and labor condition applications and labor attestations, and DOL will be pressured to search and go after the these violators (employers and employees). Until now, the LCA or labor attestations enforcement has been driven by the disgruntled current or former employees and the cases that have been brought to the enforcement actions have been limited in numbers. However, this may change as the agency may be pushed to initiate the process rathen than driven by the complaints. Employers and employees should be more mindful of "compliance with the labor condition applications and labor attestations."

(b) As the proceedings are electronized and the databases are increasingly shared among agencies and the databases are accessible by all the agencies involved, the immigration benefit proceedings, including nonimmigrant and immigrant proceedings, will be increasingly linked to these databases and the violators will be easily detected by these agencies as the GAO report of June 22, 2006 indicated. Such change will involve and lead the USCIS which is not immigration law enforment arm of the DHS to be dragged into the enforcement processing in the form of issuance of NTA. They will be plugged into the enforcement process at the front-end. The employers and employees should be more mindful of the evidence and supporting documents which they submit to the USCIS.

(c) The 485 applicants may be better off maintaining nonimmigrant status such as H-1B all the way in order to avoid the potential commencement of deportation proceeding by the Service Centers and field offices upon denial of I-485 applications. In this regard, the aliens should carefully review desirability of working on EAD and Advance Parole considering the changing environment.
The employers and the alien employees are advised to seek legal counsel on the issues which are raised in this posting, including review of compliance of labor condition applications and attestations, and options against the consequences of denial of I-485 applications.
 
employment contract

I'm also on same situtation. I filed a case in DOL but still no response from them its almost 7 months. They got a default judgement to pay them the agreement amount. I have clues wht to do or how to go on this.

Please advise and give me some more on you case.

Srini
 
any updates about Jean Martin? They sent me an offer and I'm thinking about it...
 
http://www.judiciary.state.nj.us/acms/disc/CV0227W0E.ASP

Above link is for NJ court , click on the link and select court as BERGEN and company as jean martin. You can find out how many people are currently being sued by jean martin. Anytime min of 8 to 10 people will be on buffer.

you can check all reviews at http://www.desicrunch.com/DisplayReviews.aspx?company=Jean_Martin_Inc

Not so good things About Jean Martin Inc : Too worst marketing. As someone said in other posting, one guy will be forwarding requirements from Dice or Careerbuilder, thats it. Once in blue moon you will get interview calls if you wont search by yourself. They pay less than 35% of rate and no hikes. Bonded labour for 2 years(or your contract term) as you cannot escape from their trap(they file cases and try to create all sort of problems). Be cautious dealing with them.
 
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