Claim to DOL: As per the LCA or % Based salary

[subra]

Hi,

I decided to give a complaint to DOL on my former employer, due to stop/hold my final settlement from last May’2013. My former employer is saying that: “If vendor pays, they will pay to me”.  

Actually there is a legal issue (bond/agreement) is happened in between my ex-employer & primary vendor. If I break this agreement with the company (client) and within 60days, my ex-employer has to pay $10000 to the primary vendor.  This is the agreement happened between my ex-employer & primary without my knowledge.

The above things I came to know only after I putdown papers with my ex-employer. Actually I work with the client/primary vendor is only 17days after the join.  Even I gave two weeks’ notice period also (including in 17days) and the Client approved the timesheets and shared to primary vendor and to my ex-employer

Now, this primary vendor is not ready to pay the amount to my ex-employer. And primary vendor is asking $10000 (without my knowledge I break the agreement). So, that’s why my ex-employer is not willing to pay the amount/salary to me.

As per the LCA my salary is $72000pa. But, as per the % based I will get more.  Now my employer is playing/saying that he already paid more than that ($72000pa).

My question is

1. while claiming to DOL, do I need to mention as per the LCA or as per the % based?

2. I have right to claim on this issue?

Please tell me.

 

Thanks in advance

 

[t75]

If your employer suffered damages, he may certainly sue you for them. You need an attorney to review your contracts.

[pontevecchio]

If you were paid appropriately as per the LCA the matter is a civil one and does not involve the DOL. Discuss the situation with a Labor Lawyer. 

[rahul412]

My question is

1. while claiming to DOL, do I need to mention as per the LCA or as per the % based?

2. I have right to claim on this issue?

Firstly, it's always better to review these documents by any attorney

 

1.mention LCA

2.Yes, that's your salary and you have right to get it.

[nineballs]

If your employer suffered damages, he may certainly sue you for them. You need an attorney to review your contracts.

What makes you say that? Nobody can stop anybody from suing anyone but this doesn't look like any violation. America is a free country and the employment is at will. Any damages suffered by the employer because of some contract is not a liability for the employee.

 

Subra - The employer is only obligated to pay the employee the LCA salary. Be aware of the fact that, If you are on H1, Any % arrangement that you did with your employer is an illegal activity and can ban you for life, in the US.

[JoeF]

Percentage stuff is irrelevant for the LCA.It is your own greed that you agreed to any percentage stuff. The LCA lists a salary, not a percentage.

And you are not a party of any agreement between the employer and his customers. What matters to you is your contractual obligation to your employer.

[jairichi]

If your employer suffered damages, he may certainly sue you for them. You need an attorney to review your contracts.

@t75. But, I believe OP's contract with employer does not mention about the agreement between the employer and primary vendor. In that case would OP considered liable for damages? I do not think so and there fore the employee has all rights to demand his final & full settlement. If ex-employer does not comply OP has the right to complain to DOL. And, I completely agree with your point that OP has to contact an attorney to go through his papers and be advised on the mode of action.

[JoeF]

@t75. But, I believe OP's contract with employer does not mention about the agreement between the employer and primary vendor. In that case would OP considered liable for damages? I do not think so and there fore the employee has all rights to demand his final & full settlement. If ex-employer does not comply OP has the right to complain to DOL. And, I completely agree with your point that OP has to contact an attorney to go through his papers and be advised on the mode of action.

The OP is not a party of the contract between his employer and a customer of the employer.

The only thing that matters for the OP is his contract with his employer.

[t75]

OP chose to sign the contract and should be aware that there can be financial consequences if he does does not comply with the terms of that contract. Whether they are enforceable is a matter for state law. No forum can determine with certainty what could occur. An award in favor of the company would affect the amount due to the employee from the company.

 

A consultation with an attorney is essential.