On H1B last salary not paid fully, just prevailing wages as per LCA paid by employer.


reema12

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I worked for a consulting company from April 2014 to August 2014. I resigned and left this company on August 28 2014. 

 

The company used to pay a monthly paycheck on the 15th of every month.

 

They did not paid my last paycheck in full ( as per the amount mentioned in the offer letter), rather they just sent me a check .

When I filed a complaint at the DOL, the investigator asked me for my LCA and after reviewing the complaint he mentioned that the company actually paid me as per the prevailing wages mentioned in the LCA, so DOL cannot take any action and they would be closing my case.

 

This is kind of very frustrating as I did work for them diligently and at the end they cheated on me.  I am not demanding any extra money and just the money which I earned.

 

 

Is there any way I can get my back wages from the previous employer. 

 

Thanks !!

 

 

 

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The DOL deals with LCA violations, but there are general protections in the law that cover all workers with respect to receipt of their pay. The last paycheck is often a problem area. Look for some information for the specific state to see about state law worker protections. In some states, employers can be penalized for failure to give the last pay, so that there is an incentive not to be tempted to shortchange workers. I have seen some that allow recovery of 3x the value of the missing pay.

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