1 month period no pay stub

[compgal]

Hi,

My employer hasn't run my pay stub for December 2011 month when I was on bench and said that since I am working with him for 2 years I am eligible for 4 weeks vacation. So he put the 1 month period as 1 month vacation.

And after a month I got a project again and I started working for that project. Will that create any issue in future.

Regards,

[justcheck.2006]

I have known couple instances where employers ask their employees to take a "vacation" instead of putting them on bench. Seems like a legal loophole that the employers can use. But I am not certain if that can cause any issues in future or not.

[JoeF]

Hi,

My employer hasn't run my pay stub for December 2011 month when I was on bench and said that since I am working with him for 2 years I am eligible for 4 weeks vacation. So he put the 1 month period as 1 month vacation.

And after a month I got a project again and I started working for that project. Will that create any issue in future.

Regards,

Yes, it is likely to create problems.

On H1, you have to get paid all the time, even on bench without a project. That's the law.

Faking things, like a fake vacation or fake leave of absence, are illegal.

Find a better employer. And file a complaint with DOL on form WH4.

[INDNewYork]

Yes, it is likely to create problems.

On H1, you have to get paid all the time, even on bench without a project.

I dont accept with this. Why on the world should a H1B employee pay taxes when he is on a vacation? First He is also a human and have plans to return back to home country for personal short vacations and then return back to US for work.

[rahul412]

Hi,

My employer hasn't run my pay stub for December 2011 month when I was on bench and said that since I am working with him for 2 years I am eligible for 4 weeks vacation. So he put the 1 month period as 1 month vacation.

And after a month I got a project again and I started working for that project. Will that create any issue in future.

Regards,

When you are on H1 you have to get paid for every month. Even if one paystub is missing then you are in trouble.

[JoeF]

I dont accept with this. Why on the world should a H1B employee pay taxes when he is on a vacation?

My employer pays me a salary while I am on vacation. I have paid vacations...

And forcing an employee to take a vacation because the project has ended is of course illegal.

Vacation requests are initiated by the employee, and are coming out of the employee's free will.

First He is also a human and have plans to return back to home country for personal short vacations and then return back to US for work.

And as a human, he can not be forced by an employer to take a vacation, just so that the employer doesn't have to pay him.

That is illegal. Period.

[rahul412]

I dont accept with this. Why on the world should a H1B employee pay taxes when he is on a vacation? First He is also a human and have plans to return back to home country for personal short vacations and then return back to US for work.

No matter what type of vacation it may be, it should be a paid vacation.

[toashishmantri]

I guess you should talk to your employer and ask them to create paycheck and also revise the W2 ? ask if that possible ?

[JoeF]

I guess you should talk to your employer and ask them to create paycheck and also revise the W2 ? ask if that possible ?

If the employer doesn't want to do that (likely, since only shady employers would even come up with the idea to force employees to take a vacation to avoid bench pay), the only option is to file a WH4 with DOL. The DOL will make the employer pay the salary owed to the employee.