H1B Payslip & Payroll issues with Employee

[Sunnybahi369]

Hi,

I have some issues with Employer.

2107 Jan - Apr i dont have job and my employer did not give single $. I am doing job since May my employer said he will deduct money to RUN the payroll when I dont have job. he is charging 1600 $ on month and 350 Insurance.

but till now he did not give single payslip of 2017. I am working on percentage basis 70/30. when i ask salary or pay slip he says your on Percentage basis you will get money only when company gets money for that month.

he gave 50 percentage of money of what i supposed to get as my salary. no single payslip. 

As per my employer he wants to give payslip and salary after 45 days once i submit timesheet to my employer. cos of this i can never change company... i want to change the company, Please suggest. 

I want to SUE employer, How can I sue my employer. I am even planning file some criminal case against him.  I have all recordings, emails, phone chats how he runs the business and the consultancy.  

He says in their company follow the same with everyone, asking payslip is kind of crime in our company. Accounting manager says why do you need payslip.

 

[pontevecchio]

1. Consult with a Lawyer..

2. File a complaint with he federal DOL on form WH4 with your proofs.

 

Do both of these things and you will be able to change jobs and may even get your salary back eventually.

[JoeF]

On H1, you need to get paid all the time, and fake payroll is not allowed. Also, in most states, state law requires that people get paystubs.

File a complaint with DOL on form WH4. The DOL will make the employer pay you appropriately.

And find a better employer.

 

[pontevecchio]

The above remains true even if you were somewhat complicit in the matter. FILE THE COMPLAINT.

[Sunnybahi369]

Hi,

Thanks for your inputs.

I am looking for a Lawyer, can you please provide me some contact details.

 

[JoeF]

You are on a forum run by one of the top immigration law firms. There is a "Contact Us" button on top of the page.

[Sunnybahi369]

I spoke to Murthy law firm but they said, will not suggest on Employment issues. Only with Immigration issues.

[JoeF]

For employment issues, search for "state bar" in your state. They have a referral service. Search for a labor lawyer there. Labor law is to a large extend databases, so things can be different depending on which state you are in.

[Neda]

On 9/16/2017 at 7:25 PM, Sunnybahi369 said:

I spoke to Murthy law firm but they said, will not suggest on Employment issues. Only with Immigration issues.

Unfortunately most of the immigration law firms works for the fraud employers like yours.  You need see labor attorney, just use google to find one.

[Rohaan Reddy]

My sincere advise is for you to contact Department Of Labor and submit WH4 form. They will assign an investigator and conduct an interview to obtain the necessary information and evidences from you and understand the exact issues you are facing. Later they would visit your employer location and investigate to determine the violations they committed and based on the violations your employer committed they will take necessary action. The wages you are supposed to get would be cleared as well. Make sure you provide DOL with all the evidences you have. Refer DOL website for more information.

[Sunnybahi369]

Hello All,

I found one Attorney, he is filing case.

He told me that, what ever he charges from me he will make sure to get that $ also from Employer only. This is very good information I wanted to share all.

Many of us think about how expensive is getting an Attorney regarding h1b issues.

Thanks to all, I will keep posting the updates here.