Can Ex-Employer sue Employee without any employment agreement/contract?


Neilbond

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Hi,

 

I was working with an H1B employer from last few months on H1B. Employer was forcing me to sign agreement for one year otherwise Employer planned to hold last 2 months pay stubs. Employer didn't file amendment though I have been working at a client site  and also employer used to ask me to send "on vacation" emails just to escape from DOL/USCIS visits at employer site. Employer is getting very good billing based on my work but I was not received my salary & paystubs from last 2 months. Now I gave two weeks notice to client but not to Employer and I quit the job. Recently Employer sent a letter on employer letter head with some questions & asked me to answer those questions so that they can decide on Legal notice. 

 

I have replied him on certified mail with the problems I faced during my journey with their company & also demanded to send me the pending salary & experience letter.

 

Employer replied after few days with remaining paychecks & one more notice. He didn't send me the experience letter. This time he is asking me to attend some recorded conference call where in call is between Attorney, myself & DOL. 

 

1. Can DOL participate in this kind of conference calls with employer & Employee? or Is he just trying to use DOL word to make me panic?

 

2. Can he take back the salary he paid me by proving that i was on vacation by showing the emails that i sent for vacation though i was working at client site?

 

3. Can I complain to DOL about all of this? But Can DOL takes care of this as employer paid pending wages ? DOL might be interested as employer was not obeying labor law to pay every two weeks.

 

4. Can an employer sue Ex-Employee for not giving two weeks notice & by showing that contract end caused the relationship between Employer & middle Vendor?

 

5. where can i complain to stop receiving these threatening mails from ex-employer.what if i don't respond to his mail notices.

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Employer replied after few days with remaining paychecks & one more notice. He didn't send me the experience letter. This time he is asking me to attend some recorded conference call where in call is between Attorney, myself & DOL. 
 
 

That's complete BS. DOL has lot of other important issues to handle.

 

 

 

1. Can DOL participate in this kind of conference calls with employer & Employee? or Is he just trying to use DOL word to make me panic?
 
2. Can he take back the salary he paid me by proving that i was on vacation by showing the emails that i sent for vacation though i was working at client site?
 
3. Can I complain to DOL about all of this? But Can DOL takes care of this as employer paid pending wages ? DOL might be interested as employer was not obeying labor law to pay every two weeks.
 
4. Can an employer sue Ex-Employee for not giving two weeks notice & by showing that contract end caused the relationship between Employer & middle Vendor?
 
5. where can i complain to stop receiving these threatening mails from ex-employer.what if i don't respond to his mail notices.

 

1. No DOL won't do that.

2. But you really worked during that time, you should have Timesheets

3. Yes you can.

4. He might

5. Contact an attorney if he threatens you.

 

BTW how did you find that FRAUD employer??

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You participated in fraud by falsifying work time records.

 

You need to take all communications and employment documents to an attorney.

 

There is not legal requirement that you be paid every 2 weeks. Many people are paid daily, weekly, twice a month (different than every 2 weeks), and monthly.

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. Now I gave two weeks notice to client but not to Employer and I quit the job. Recently Employer sent a letter on employer letter head with some questions & asked me to answer those questions so that they can decide on Legal notice. 

 
 

 

Actually, OP might be in some trouble here. He needs to consult an employment lawyer and on his/her advice consult an immigration lawyer as well. Problem is OP gave notice to the client and not the employer. This is a clear violation of employment laws. OP should have given notice to the employer and the employer would have communicated this to the client. The fact that OP did not give notice to the employer would be a breach of the employment contract. The fact that OP gave the client notice could be considered as a breach of confidentiality.

 

OP's best bet might be to have a lawyer to negotiate a settlement. (After all, the employer is not all that innocent either). Best outcome is OP forgets what is owed and employer forgets the breach of contract. 

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Actually, OP might be in some trouble here. He needs to consult an employment lawyer and on his/her advice consult an immigration lawyer as well. Problem is OP gave notice to the client and not the employer. This is a clear violation of employment laws. OP should have given notice to the employer and the employer would have communicated this to the client. The fact that OP did not give notice to the employer would be a breach of the employment contract. The fact that OP gave the client notice could be considered as a breach of confidentiality.

 

OP's best bet might be to have a lawyer to negotiate a settlement. (After all, the employer is not all that innocent either). Best outcome is OP forgets what is owed and employer forgets the breach of contract. 

Actually, a two-week notice to the employer is not a requirement, it is just a courtesy.

Employment in the US is at will, both sides can terminate the employment relationship at any time.

There are lots of stories about Silicon Valley, e.g., in the dot-com boom, where people came to work in the morning for one company, quit at lunchtime, and were working across the street for another company in the afternoon...

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Actually, a two-week notice to the employer is not a requirement, it is just a courtesy.

Employment in the US is at will, both sides can terminate the employment relationship at any time.

There are lots of stories about Silicon Valley, e.g., in the dot-com boom, where people came to work in the morning for one company, quit at lunchtime, and were working across the street for another company in the afternoon...

 

Thanks for the clarification JoeF. My bad. I just realized that the OP did quit and since notice period does not matter, no issue. So OP, you might not have any issues. Only question is did you tell the client in writing that you will quit after two weeks? 

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Thanks for the clarification JoeF. My bad. I just realized that the OP did quit and since notice period does not matter, no issue. So OP, you might not have any issues. Only question is did you tell the client in writing that you will quit after two weeks? 

I think that even if he told the client he would quit in 2 weeks, that's irrelevant.

The client has a contract with his employer, not with him. And he can not speak on behalf of his employer with the client about any contractual things. That's all only stuff for the employer.

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  • 2 weeks later...

That's complete BS. DOL has lot of other important issues to handle.

 

 

1. No DOL won't do that.

2. But you really worked during that time, you should have Timesheets

3. Yes you can.

4. He might

5. Contact an attorney if he threatens you.

 

BTW how did you find that FRAUD employer??

Until Employer started doing all this fraud activities, I didn't realize

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I think that even if he told the client he would quit in 2 weeks, that's irrelevant.

The client has a contract with his employer, not with him. And he can not speak on behalf of his employer with the client about any contractual things. That's all only stuff for the employer.

Ya that's true. But Employer never used to involve directly with client. There is a middle vendor who used to bill client. I used to send the approved time sheets with Employer & middle vendor. Employer knows that I was leaving that project due to few reasons (not about resignation). Good thing is I also completed Knowledge Transition plan with client. So as long as client/middle vendor doesn't sue employer, employer can't prove/lie about the damages from vendor just in case. Ideally Employer should monitor their employees or at least Employer should know what is happening at client site on weekly or monthly basis. Otherwise it simply shows that Employer is not obeying H1B employment rules. 

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A middle vendor is also completely irrelevant for you.

You are not a party of any contract with a middle vendor.

Why do you even worry about who can sue whom? That's none of your concern. These are business contracts between your employer and some other company. You are completely out of the picture for that.

Your only concern is with your employer.

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So you were not in compliance with H1B which requires the employer sponsoring H1B have direct control over the employee. You (as well as your employer) have in legalese "dirty hands". You were in violation of the law. In many cases the "dirty hands" limits what can be done.

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