Salary Issue with Old Employer

[vijay4246]

Hi,

Recently i moved out from a desi employer to a full time position,

My employer didn't settle my last month pay,

On enquiring,

He said he stopped my payroll,

But he is willing to pay the amount in check after doing tax deductions based on online Paycheck calculator.

Am i supposed to receive the money in the form check instead of a salaried payslip amount?

Kindly guide me.

[vijay4246]

Is it legal to get the tax deducted salary in the form of check from the old employer as a settlement amount?

Please provide your thoughts.

[wiweq]

Don't wait for salary anymore, if its over 2 weeks from the scheduled time, get the copies of emails, and register a complain on WH4 form on you state's DOL website. The see, how fast they release you salary! Once you submit the emails, last paystubs etc. to DOL, they will send you acknowledgement letter and assign an investigator to you. They will call you and precede the case further. If you employer found guilty, they will be banned for filing H1b and GCs for one year, apart from other penalties.

[vijay4246]

IS it legal to receive the tax deductible salary in the form of check instead of payslip?

Kindly provide ur thoughts.

[0407]

You can receive salary in the form of check. I don't know what you mean by

"instead of a salaried payslip amount". If you mean he is not going to issue

a payslip, I don't know how to handle that. By law he should give you W2

(not sure about pay slip)

[rangadu]

If you employer found guilty, they will be banned for filing H1b and GCs for one year, apart from other penalties.

With the punishment for not paying employees being so minor, it is no wonder so many employers get away with not paying their employees on time or in some cases not paying at all. Thanks for the info.