Urgent: Can employer hold pending Paymnet?

S

subash1977

Registered Users (C)
Employer's state is New Jersey.

I am an alien on H1b and work for a software consultancy firm based in NJ. I am currently on a consulting project in state XXX.

I need to know if my employer can legally hold my pending wages (monthly salary) if I quit with out giving ANY Notice. If he does hold is it sufficient if I file a complaint with NJ DOL. ?
I have another job offer and I do not know how much notice I have to provide to my employer, the maximum I can give is 1 weeks (5 business days) that too only if absolutely necessary.
 
Did you enter into any agreement with employer and signed the agreement? Does that agreement mention that you need to give XYZ days notice? If not mentioned then just file H1 TRANSFER through new employer and once get H1 transfer filing receipt from USCIS then join new employer.
*** Make sure that new employer lawyer file H1 to H1 TRANSFER and provide recent pay stubs from past employer. Many lawyers delay the Transfer filing make sure he files timely.
** Employer cannot hold your wages legally. If he holds do the below:
Complaint to DOL for wages against employer
http://www.dol.gov/esa/whd/
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
http://www.immigrationportal.com/showthread.php?s=&threadid=103054&highlight=complaint+to+DOL
Fill up form WH-4 send it to DOL they will take care


http://www.dol.gov/esa/whd/
HIB complaint form
Print the form WH-4 The form must be forwarded to the Wage and Hour Division (WHD) office,
which has jurisdiction over the physical location of the employer.
For WHD locations, see the telephone directories under U.S. Government,
Department of Labor, Wage and Hour Division or
http://www.dol.gov/esa/contacts/whd/america2.htm on the internet
http://www.dol.gov/esa/forms/whd/fts_wh4.htm
also visit the thread for complaint
http://www.immigrationportal.com/showthread.php?s=&threadid=124528
 
Thx for your reply.

I am being told by someother folks that, "giving any notice" is not required by law whatsoever. And an employer cannot hold pending payment for work already done, just because the employee did not give sufficient notice.

That is good to hear, but am still confused with different opinions :(
 
subash1977 said:
Thx for your reply.

I am being told by someother folks that, "giving any notice" is not required by law whatsoever. And an employer cannot hold pending payment for work already done, just because the employee did not give sufficient notice.

That is good to hear, but am still confused with different opinions :(
Click to expand...

most of the states follows "at-will" employment which encourages both the parties to enter and terminate without any notice provided the election does not constitute any violation of laws such as discrimination, whistleblower etc. if your employer failed to pay you the salary during bench or if not paying the wages on time or properly then you have the right to come out without even a single minute notice which will be treated as constructive discharge.

but you are bound to give required notice if you have a legal agreement (in writing) with your employer.

an employer can use your unused vacation or personal hours or deduct the amount from your net pay (not your gross) to adjust towards the notice period obligation ONLY IF you have agreed to this in writing prior joining your employer.

if you have not agreed for anything in writing then report your issues to dol. if your employer failed to run the payroll then report to IRS (Tax Fraud division) and DOJ (immigration special counsel). email your employer about your intend to notify the dol, doj and irs.

again it all depends on the state laws where you currently live. few states completely overrule to your favor even if you have agreed this in writing. check your local attorney practicing in employment and labor related.
 
"Employment at Will" doctrine

"Employment at Will" doctrine.

Please read it online.

Above is told to me by professional lawyer.

Enjoy new job. :)
 
Did anyone get their money back after filing WH-4?

Hey All

Did anyone get their payments from their employers after complaining to DOL? please post your reply..

Just another consultant!
 
I filed the formal complaint against my employer for pending payments and DOl took soem action and perform the audit and instructed my employer to pay all pending payments to me. I get all pending payments
 
What if, after reciving receipt and he joins new company but H1 is not approved.What will be his condition.
Is this happened for any body?
 
umashankarnk said:
What if, after reciving receipt and he joins new company but H1 is not approved.What will be his condition.
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In that case, you are considered violating H1 requirement. THe best you can do is finding employer as soon as possible and trasfer again, but whether trasfer is approved or not is totally up to UCSIS's discretion as you are not maintaining H1 requirement.
You may get I-94 if you are luckly, or may not get I-94 and need to travel.
 
what you mean by 'violating H1 requirement'.

In what cases H1 transfer may be rejected after receipt is received.
USCIS says one can join new company as soon as receipt is received.If H1 is not approved and receipt is received,and employee joined new company (according to USCIS it's legal),but once H1 is disapproved he cannot work for new employer.
That means joining new employer as soon as reciept is received is totally wrong.
That rule should be revoked.
 
umashankarnk said:
what you mean by 'violating H1 requirement'.
Click to expand...
Literally violating H1 status requirement.
In what cases H1 transfer may be rejected after receipt is received.
Click to expand...
When CIS thinks you were not satisfying H1 requirement, i.e. being employed, H1 approval comes without I-94.
USCIS says one can join new company as soon as receipt is received.If H1 is not approved and receipt is received,and employee joined new company (according to USCIS it's legal),but once H1 is disapproved he cannot work for new employer.
That means joining new employer as soon as reciept is received is totally wrong.
That rule should be revoked.
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Why should that rule be revoked ? AC21 gives you a CHOICE to join new employer or stay at current employer upon transfer recept. Nobody forces you to join them as soon as receipt comes.
It is at your own risk to join new employer before transfer approval.

Frankly, that rule actually helps H1B a lot.. Without AC21, your opportunity to find new H1 sponser would be limitted as employers want people right now.
 
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Call NJ Wage Enforcement office at 609-

Hello Fellas,

As many of you been suffering with Bad Employers, my friend found out a better info by calling NJ DOL wage enforcement office at (609) 292-2306. This office will supply necessary paperwork, all you need is to fill in the forms and provide proof of your payments, salary, w-2s etc., DOL will send an auditor and deal with the employer.

Fair and Simple .. good luck to all!

Just another consultant..
 
Recover pending salary with employer

sa7797 said:
I filed the formal complaint against my employer for pending payments and DOl took soem action and perform the audit and instructed my employer to pay all pending payments to me. I get all pending payments
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Hello Sa7797, can you elaborate what sort of complaint have you filed? What state is your employer located? wat was the procedure you went thru to recover the outstanging wages?
you reply will be greatly appreciated.:)
 
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