Lay Off and Non Payment of employee

[gus5040]

Hello , 

 

I am Uday Shanker.

 

This is in regards to my Lay off with the current employer and Non payment while i was on Bench period.

 

I worked for a 3 month period with this employer, I am a full time employee to my company with added benefits and salary package.

After 3 months with this company , I went to India and had 221g for my H1 stamping and took 80 days to to come back and had to loose my job as client could not wait.

 

I was initially told by my employer that i will get paid even on bench for any consequences.

 

The situation right now is , I was not paid for a 2 1/2 month period and payroll was never running and also was removed from health benefits.

I want to inform IRS or INS , but not really sure what will happen if i file a complaint.(The company does not know about this yet though). Please answer this.

 

Now , they want to lay me off as they could not place me in a job.

 

I have a full time offer from a company and they are ready to transfer my H1 visa in about a week or 10 days ,  but the current employer is laying me off effective may 15th and does not wait any more.

 

What should be done at this point ?

 

Please suggest.

 

Thank you 

 

 

[jairichi]

You need to file a complaint with DOL on WH4 against your employer. This will help you to move smoothly to a new employer.