Witheld Salary- Employer Harrassment

[annanda]

I am a software consultant having H1b & EAD from my current employer(consulting firm). My employer holds my salary abruptly without any notice or reason. When pressed why? after the salary date passes by without getting paid, the general excuse given is "The bill is not collected from the client" , though there is no such contract between us wherein my salary is dependent on the accounts receivable/ collection. I want to know
a- Can they do it legally?
b- What are my options?
c- Can the attorney handling my GC,address & mitigate this issue by preparing a contract.
Regards,
Annanda

 

[Jackolantern]

a) No, they cannot legally do that if you are a W-2 employee (which you should be if you're working with an H1).

b) The first step is to get an employment lawyer to prepare a letter to warn them of the legal consequences of withholding your salary. It shouldn't cost more than about $50-$60, and in most cases the employer will pay up without further action. And ask the lawyer for advice on who are the relevant authorities in your state and the Federal government that you can contact if they don't pay up after getting the letter.

c) No, you need an employment/labor lawyer. But I don't know that a "contract" would help. If you're a W-2 employee, you don't need a specific contract for the employer to be legally responsible for paying you on time. If you try to draw up a contract, the employer will use their own lawyers to put conditions in there that you don't like.