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Employer not paid salary after resignation


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#1 saip78

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Posted 22 January 2013 - 08:37 PM

Folks !

Looking for suggestions or advice for my below case:

my employler did not paid my last pay check giving me a excuse that he is reimbusing the amount he paid for my Green Card processing. I moved from the previous company after i cleared my I-140 and my employer gave me an email saying that he had reimbursed the amount for the processing of my GC as he invested on it. I did not signed for any bond or any aggrement with the company when he started the GC. He clearly wrote in the email that i owe to company for XXX amount towards GC processing and he reimbursed the same from salary.

questions:

1) what options will i have to get my pay back ?

2) I have a clear email from employer stating the reason , do legally can my employer stop my last pay check.

3) i heard from my frind that i can complain to department of labor, if so how to proceed for doing that . before proceeding to raise a complaint sh`d i inform my employer about this or not?

4) Are there any other ways to proceed so that i can get justice.

Please let me know that if any of them faced the same situation and got their salry back by raising the complaint.

Your inputs are very important to me .

thank you

Regards
Raghu

#2 chtummala

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Posted 23 January 2013 - 08:22 AM

talk to labor attorney ..

#3 rahul412

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Posted 23 January 2013 - 09:13 AM

2) I have a clear email from employer stating the reason , do legally can my employer stop my last pay check.

You have a solid proof against your employer.
File WH4 against your employer.

#4 wiweq

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Posted 23 January 2013 - 02:36 PM

OP, file a complaint on your state's DOL website using WH4 form. They would ask you employer to pay the salary and may be maintenance.

#5 usimmi14

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Posted 23 January 2013 - 03:46 PM

I have a similar situation. Even though my employer ran the payroll, he did not pay me the money or send me the check. He used to direct deposit the amount but since I resigned, he did not pay me the last pay. The wage is reported in the W2 too.

How do I report this to the labor department? Is he supposed to pay me any that money?

Please let me know.

Thank you!!

#6 t75

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Posted 23 January 2013 - 06:30 PM

See an attorney with your contract. A simple letter may get you your money faster.

#7 wiweq

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Posted 24 January 2013 - 01:48 PM

"How do I report this to the labor department? Is he supposed to pay me any that money?"

=> Visit your state’s DOL website. Search for WH4 form there. You may also call them on given no. You need to mention you are on work visa called H1b. Most of the people don't know about this, but after some rounds of calls you will reach the right person. They will guide you to how to fill the WH4 form and what can be done in your case. Once they get your WH4 form with documents, they will assign an investigation officer to you. If the employer finds guilty, they will get 1 year ban from any H1b and GC filing. All this is 100% free. As an H1b employee, you need to know your rights. In most of the cases, employers pay 2 or 3 times of the salary to the employee to close the case. Once your get your money you can close the case.

#8 wiweq

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Posted 25 January 2013 - 06:04 PM

"it seems you made the hay while the sun shined :) "

I have used this WH4 once. It works :)


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