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.
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.