unpaid salary and foulplay from employer

[77pa]

Hi Friends,

I have recently come across in a very bad situation with my employer, i would like to highlight the following facts kindly advice if there are any legal options possible.

** I was out of the project from since january end, my employer starting paying me 70% of my regular salary and when i enquired about this issue he cited the fact that they pay 70% of regular salary on bench and e-mailed me my h1 documents (in which they have mentioned the salary to be 70% of my regular salary).

** WHen i resigned from this organization they reverse swiped my last salary from my bank account within 24 hours and the reason they mentioned was they it will be adjusted against the expenses they have incurred on me.

** Finally instead of clearing my dues and paying my holiday and other leaves salary, they are threatening that i am legally bound to pay all the h1b transfer related expenses as i have resigned before one year though this was no where mentioned in the offer letter( but it was mentioned in the employee handbook on the 72nd page which i did'nt read at the time of joining).

I really dont have any idea wheather i should be afraid or i should boldly face this situation as being on h1 we are susceptible to all kinds of foulplay, it will be very kind of you guys to advice me on this kindly let me know what are my legal options.

Best Regards

Ananat

 

[FunLover2000]

Which state?

Every state has has its own labor law and for example for CA, see this http://www.dir.ca.gov/dlse/DLSE-FAQs.htm

Look for your state's labor law/industrial relation and then follow accordingly.

If employer deducts H1 related expenses, then he might be in trouble.

Ask in writing explaining all the expenses. I don't think, whichever state that you are in, they cann't deny your unpaid leave and salary for the perioed that you are with him. Generally, a simple compliant will do.

But before digging into this, don't violate H1B terms. Because you resigned, I assume you did your H1B transfer and can safely progress.

You didn't commit any mistake and no need to worry.

 

[txh1b]

Asking for H1b payment is illegal and you can complain to DOL on a WH4 form. Withholding any pay without your express authorization is illegal and the local state DOL has regulations against them. Many states require final payment of wages to be settled within 7-15 days of quitting.