Kevin-mack Posted August 30, 2019 Report Share Posted August 30, 2019 Hello, I'm under so much of stress. I'm currently on H1B visa. I changed my employer last month and started working with them. And my previous employer decided not to pay me my last month of salary. 1) I know that I'm supposed to file a complaint with local wage authority. But my previous employer is located in Florida and I'm working at a client location in Atlanta. Do I need to go to Florida to file a complaint or I can file a complaint against him in Georgia. Is there any other way like email or mail to file a complaint? 2) My employer mentioned less salary when he filed my labor. But my actual salary is double that amount. He's now stating that he doesn't need to pay me salary for the last month since he already reached amount mentioned on my labor. I do have an offer letter where he mentioned my actual salary. What are my best options to fight this? 3) My employer is paying me per diem since I joined him. He never explained me why. I don't have any bills that he's asking for so he is threatening me to file complaint against me if I ask him to pay my salary. what are my options? Thanks Quote Link to comment
JoeF Posted September 1, 2019 Report Share Posted September 1, 2019 Things can be filed online or by letter. You don't have to go to the state. And per diems are also illegal. The employer probably tried to avoid paying payroll taxes. File a WH4 ASAP. Quote Link to comment
Kevin-mack Posted September 5, 2019 Author Report Share Posted September 5, 2019 This employer's headquarter is in Florida, but they have a Georgia location too. Should I contact Florida wage and hour division or Georgia wage and hour division. I live in Georgia. Also they put less salary when they filed labor but offer letter has the actual salary. He's saying that he won't pay last month of salary because he already paid more than what is shown on labor filing. Is this right? And He said he is going to contact IRS because he paid me per diem for 5 years and I haven't submitted any receipts. He did not mention about this when he offered me a job initially. Who is responsible for this scenario? Thanks for the help in advance. Quote Link to comment
JoeF Posted September 6, 2019 Report Share Posted September 6, 2019 File a WH4 with DOL in the state of the company HQ. The employer didn't pay the salary properly, and didn't pay taxes. He will get a big fine from IRS, and from DOL. Quote Link to comment
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