OPT status.Employer did not send the pay stub..it has been 3 months

[123runfast]

HI ALL,

 

I am in OPT status and worked for Employer X for  6 months . I told him i will be moving at the end then he stopped the last payment. He ran the pay roll but he did not send the pay check.I contacted number of times  and finally i talked with the Main Head but no use. He is telling do what i ever i want. Now i am with new employer Y.I have all emails communicating with employer X  asking for the pay check and then he replied saying that payments were stopped at Primary vendor due to short notice. I cannot digest this because  i am loosing my 160 payable hours which will help me lot in clearing lot of my debts... Is there a way to get my pay check from him. If i am on H1 B then i know the rights and i can fight against him.I am ready to fight against him but thinking if i hire a lawyer then i would loose more as i am on OPT which is optional. he forwarded an email to me which was sent by the primary vendor, the email says as I did not give any notice to the client  the vendor loosed all the client relation and for that he want to file a case against our employer X. As i am sick before leaving i left an email to client and told him about the situation.   Please help me out!!!!... Thanks in advance

[jairichi]

HI ALL,

 

I am in OPT status and worked for Employer X for  6 months . I told him i will be moving at the end then he stopped the last payment. He ran the pay roll but he did not send the pay check.I contacted number of times  and finally i talked with the Main Head but no use. He is telling do what i ever i want. Now i am with new employer Y.I have all emails communicating with employer X  asking for the pay check and then he replied saying that payments were stopped at Primary vendor due to short notice. I cannot digest this because  i am loosing my 160 payable hours which will help me lot in clearing lot of my debts... Is there a way to get my pay check from him. If i am on H1 B then i know the rights and i can fight against him.I am ready to fight against him but thinking if i hire a lawyer then i would loose more as i am on OPT which is optional. he forwarded an email to me which was sent by the primary vendor, the email says as I did not give any notice to the client  the vendor loosed all the client relation and for that he want to file a case against our employer X. As i am sick before leaving i left an email to client and told him about the situation.   Please help me out!!!!... Thanks in advance

Check your contract whether any notice period is involved to terminate job with your employer. You are answerable to your employer and not to your client. If there is no notice period involved and you can quit at will you have a stronger case.

[catx]

The first place to start is contacting the state department of labor where you were working.  Labor and employment laws, which apply to all persons including foreign workers with a H-1B visa or OPT employment authorization, vary by state.  In most cases they lean toward favoring the employee, even when leaving on short notice.  Do not be intimidated by threats from your former employer or the vendor.  They usually amount to a lot of noise without much substance or legal basis.

 

Going forward find a job as a full-time employee versus a 'consultant' working in an EVC contracting model.  When considering an employer ask yourself what percent of employees are U.S. citizens and permanent residents versus foreign workers with a H-1B visa or OPT employment authorization.  Reputable employers value their employees and do not threaten them when they depart (unless there is clear wrongdoing by the employee such as thief, breach of confidentiality).

[JoeF]

You need to get paid for work performed.

You can file a complaint with the Department of Labor in the state where the employer is located.

[123runfast]

Hi ,catx, jairichi, JoeF 

 

Thanks for the replies and appreciate your answers.

 

Hello All,

 

Please let me know if any one has complained to DOL with same scenario so that i will have some heads up.Mostly i am looking to settle by talking but they are not answering my phone.

 

Thanks

[catx]

Please let me know if any one has complained to DOL with same scenario so that i will have some heads up.Mostly i am looking to settle by talking but they are not answering my phone.

 

As posted, start by contacting the Department of Labor (DoL) in the state of your former employer.  They will let you know your options and give you some guidance.  You can then decide if want to use that information when contacting your employer or proceed directly to filing a complaint.  Remember to fully document and retain copies and records of everything related to this matter (use registered mail if necessary).

[123runfast]

Hi Friends,

 

I have made a complain to the Michigan Wage hour program (DOL), they have dismissed the complaint because work place is in different state (OH) so they have mentioned "Please be advised this agency lacks jurisdiction to pursue wage complaints for work performed outside Michigan".

I dont think Ohio will take care of that because employer is located in Michigan. Please advise if you have any suggestions..will highly appreciate for your reply..

 

Thank you in advance...

[jairichi]

Hi Friends,

 

I have made a complain to the Michigan Wage hour program (DOL), they have dismissed the complaint because work place is in different state (OH) so they have mentioned "Please be advised this agency lacks jurisdiction to pursue wage complaints for work performed outside Michigan".

I dont think Ohio will take care of that because employer is located in Michigan. Please advise if you have any suggestions..will highly appreciate for your reply..

 

Thank you in advance...

Talk to a good labor attorney.

[JoeF]

Then you need to file a complaint in Ohio. Unlike for a complaint about H1 violations, it seems that the state where the work was performed matters.

I checked this for my state, California: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

"File your claim either by mail or in person with the Division of Labor Standards Enforcement (DLSE) office that handles wage claims for the city/location/community where you performed the work."

It is likely the same for other states.