H1 Transfer - employer not paying 6 weeks salary

[SZVDV]

I work for Employer A. B is my prime Vendor and C is my END Client. I am working as a contractor for Client C thru the prime vendor B. I worked 8 months as contractor to client C. Since the position that I am working on is contract-to-hire so Client C offered me Full time employee. Before accepting the offer, I have consulted with Prime Vendor B and Client C about breaking non-compete agreement laws. Client and Prime Vendor confirmed that there are no legal issues as it is contract-to-hire position. So I accepted the offer. Client C H1B transfer got approved and my joining date is in next two weeks.

 

When I gave two weeks of notice to Employer A, he is still complaining about non-compete agreement and mentioned that he will not pay me salary for 6 weeks duration. Despite that he is asking me to pay in return as he overpaid my salary. This statement is being made by referring to the annual salary amount mentioned in employment contract.

 

As per the agreement, employer A is supposed to sponsor me Health insurance and two weeks paid vacation. He never offered both of these benefits. Also he didn't pay my salary for client observed furlough period (3 weeks).

 

As per the employment contract with employer A, I have to pay 2 weeks of salary to employer as liquidated Damages if I leave him before. I agreed to pay 2 weeks but the employer says it is not sufficient to cover the loss coming out of non-compete agreement.

 

Resignation or Termination after First 30 days of Assignment and Before the End Date of Assignment

In the event the Employee resigns, is terminate for cause or is removed from the contract by the Employer beyod the first thirty days of such employee providing services under such contract, the employess will pay based on the formula of 10 days multiplied by 8 hours at the Employee's hourly rate or an equivalent of an hoourly rate based on Employee's Annual Base salary. The employer and the employee agree that the amount established by this Paragraph as liquidated damages is reasonable under the circumstance exisitng at the time of the of execution of this agreement.

 

 

1) Can you advise me whether I can go legally on employer for not paying me salary for 6 weeks?
2) Can Employer A go legally and file a case against me to recover the overpaid salary or cost toward non-compete agreement?

3) Is it required for me to pay the 2 weeks of salary back to Employer A as I am leaving him before three years?

 

Please advise me.

[omshiv]

Firstly your shady employer is cheating you..you are bound to get all the salary for which you worked for. ******* him so hard by complaining to DOL that he shuts his shop.

[rahul412]

 

 

When I gave two weeks of notice to Employer A, he is still complaining about non-compete agreement and mentioned that he will not pay me salary for 6 weeks duration. Despite that he is asking me to pay in return as he overpaid my salary. This statement is being made by referring to the annual salary amount mentioned in employment contract.

 

File a complaint against that FRAUD employer. He cannot hold your salary.

[jairichi]

File a complaint with DOL