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Kumar_91

Can I sue my employer for many reasons?

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Hi Members,

I am needing your suggestions. I worked for a employer for 15 months and he is not paying me last 3 months salary when I quit his company on really good terms. My h1b got approved from another employer so I moved to another company. I texted/called several times, emailed many times regarding my salary but he never answer my call and I am really tired, became emotionally low. 

Additionally he filed my h1b wrong and it got rejected twice and I do have the petition copy, RFE copy of their wrong filing for the second time when they filed in 2018. Previous year it got rejected too and came to know they used different wrong company template.  2017 was my first year of filing I was not able to see the petition and rfe. They filed an MTR for me so I had to stay in their company and they told they would withdraw my MTR if I move to a different employer. USCIS took several months to process the MTR for the first year and the next year of filing approached immediately so I had to stay with this employer hoping my MTR will be approved.

Finally, I am glad that I moved out of his company. Now I am determined to fight for my loses. Please provide me suggestions and refer me to any aggressive Lawyer who can bring this employer down so no other employee can suffer under him.  Last few weeks I gathered several evidences about their company. I have solid proof. what are my options of suing him and what all departments I can reach-out to file complaints against him. He generated dummy paychecks for me and those wages were reported on my w-2 as well but I have not received the amount.

I am fighting for my last 3 months salary. I was on 80-20 percentage basis all the time but he runs payroll for 70 percent only and give the rest as bonus for every 3 or 4 months once and he never gave that amount. 14K bonus I need to get. 

thank you all

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okay I know this is a consultancy.

You can just threaten them, and most likely things will start working.

You will not need to actually sue.

But send an email to all of the ppl in that consultancy, give good details of how they owe, and proofs that show you have paid for h1b etc.

And mention that clear immediately, else you will file with DOL. And you are in touch with immigration attorneys.

Things might start to fall in line after this email.

Also don't converse over phones.

Keep putting these emails every day with more and more proofs.

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19 hours ago, Kumar_91 said:

Hi Members,

I am needing your suggestions. I worked for a employer for 15 months and he is not paying me last 3 months salary when I quit his company on really good terms. My h1b got approved from another employer so I moved to another company. I texted/called several times, emailed many times regarding my salary but he never answer my call and I am really tired, became emotionally low. 

Additionally he filed my h1b wrong and it got rejected twice and I do have the petition copy, RFE copy of their wrong filing for the second time when they filed in 2018. Previous year it got rejected too and came to know they used different wrong company template.  2017 was my first year of filing I was not able to see the petition and rfe. They filed an MTR for me so I had to stay in their company and they told they would withdraw my MTR if I move to a different employer. USCIS took several months to process the MTR for the first year and the next year of filing approached immediately so I had to stay with this employer hoping my MTR will be approved.

Finally, I am glad that I moved out of his company. Now I am determined to fight for my loses. Please provide me suggestions and refer me to any aggressive Lawyer who can bring this employer down so no other employee can suffer under him.  Last few weeks I gathered several evidences about their company. I have solid proof. what are my options of suing him and what all departments I can reach-out to file complaints against him. He generated dummy paychecks for me and those wages were reported on my w-2 as well but I have not received the amount.

I am fighting for my last 3 months salary. I was on 80-20 percentage basis all the time but he runs payroll for 70 percent only and give the rest as bonus for every 3 or 4 months once and he never gave that amount. 14K bonus I need to get. 

thank you all

...all that you described potentially sounds like fraud and illegal, "generated dummy paychecks for me" - is a serious issue and you knowingly /willfully didn't do anything about this until you had a fall out with your employer. This could backfire against you, but we don't know unless someone reviews your circumstances. 

You should immediately inform and report to DOL and USCIS (and save yourself). For attorney, you really go with any attorney with good reviews. 

Edited by immijam

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Correct this is a consultancy. Thank you both for replying. This consultancy pays the salary late. Example: The hours I worked for January, I will get paid on Feb 28 so there is always a 60 days delay payment from the day I Quit. I quit his company on January 27. So my December month pay which I am supoose to get paid was not deposited on January ending and my January month pay which I am suppose to get paid on Feb ending never happened. After several emails and phone calls finally he emailed paychecks but the amount I never got it. I called paychex regarding why my salary i am not getting and how come I am getting these paychecks added to my account. 

So when I moved from 1st company to the second company the last but one month paycheck amount he told vendor released the payment late and that quarter is now closed and assured that I will get the amount from new company. 

Past few weeks I revisited all the year long emails, conversations, recalculated every month hours vs deposits vs balances from both companies. 

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@immijam

the statement generated dummy paychecks for me I meant: he sent me paychecks / paychex official paychecks in my account when I logged on to website and when I asked to give my pay. 

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15 hours ago, Kumar_91 said:

@immijam

the statement generated dummy paychecks for me I meant: he sent me paychecks / paychex official paychecks in my account when I logged on to website and when I asked to give my pay. 

Then you are safe - if you pointed out at the right time...showing they paid when you actually didn't get deposit in account is violation - should report asap 

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