WH4 Settlement

[mark1927]

Hello,

I have filed a complaint against my employer. DOL has sent a letter to my employer to pay me $46K and my employer has appealed against this. DOL has called me after 2 months and asked me if I am OK with settlement and my employer is willing to pay 14K. DOL has suggested me to take that offer as it is reasonable amount as I demanded atleast 30K. DOL has also told me that my employer can go on appealing, it may take from 4-5 yrs and I may end up with nothing. Can any one please suggest me what shall I do now. My employer has put me on bench for an year. I lost my status and I couldn't get any job because of them. Please suggest me what would be the best for me.

Thanks,

Mark

[JoeF]

Don't rely on advice from the Internet.

You should sit down with an immigration lawyer and discuss this in detail.

[livliv]

Please consult a lawyer. You can very well sue the employer and the fact the DOL has ruled in your favor will help you. But there is hassle involved and if any knowing misrepresentation occurred on your part in the past, that can get dug up in the case proceedings. It can take some time to get it resolved too.

It depends on how much of a monetary value do you put on the whole trouble.

[wiweq]

You have two options: 1. If you feel you have strong documents to show that you were available for job and the whole fault was of your employer, don't give up and go with appeal. 2. If you are not sure about all required documents, close the deal for 20-25K.

[mark1927]

Thanks for the responses.

I don't have any documents other than email conversations asking him about the work. Also I didn't work for any other employer so I was available for work.

I have talked to an attorney and he suggested to ask them to pay me at least 25-30k. But my employer is not willing to pay me more than 14k. DOL is suggesting me to take 14k as my employer can go on appealing against me, it may take 4-5 years and I may end up with no money.

[howdy_howdy]

Just listen to the DOL person. He/she has more experience in these cases than we are. These employers know the loophole and keep on appealing and one fine day issue bankruptcy protection and you won't even get a penny.

Take the DOL Officer's advice and add some common sense and go for it.

Good luck

howdy_howdy

//

Thanks for the responses.

I don't have any documents other than email conversations asking him about the work. Also I didn't work for any other employer so I was available for work.

I have talked to an attorney and he suggested to ask them to pay me at least 25-30k. But my employer is not willing to pay me more than 14k. DOL is suggesting me to take 14k as my employer can go on appealing against me, it may take 4-5 years and I may end up with no money.

[mark1927]

Thanks for the advice howdy. My concern is I lost my visa status because of my employer. Now I should leave India because of that. I think 14k doesn't make justice for this. But anyways I think I will listen to DOL.

Thanks.

[Phal]

This is Mark

I got my case settled and received payment :$