Phoenix_26_1985 Posted June 10, 2015 Report Posted June 10, 2015 Hello, I work for a company "X". I want to move on to a different employer "Y". But this employer "X' is not willing to provide me the pay stubs. And says that I need to fill out an affidavit that I will pay 6 months of my salary if I quit. 1. I work in California. Is it legal for an employer to withhold the pay stub? 2. If I sign the affidavit and then quit the company X what kind of legal issue will I face? Kindly help, I am running out of time.
livliv Posted June 11, 2015 Report Posted June 11, 2015 1. Ask for paystubs/pay statments/statement of withholding in writing. They have to provide that. 2. Such contracts are mostly not valid in California. Consult with a good attorney who has experience in both immigration and labor law matters.
rahul412 Posted June 11, 2015 Report Posted June 11, 2015 No need to sign any agreement or affidavit now. Just file a complaint against that FRAUD employer and file fore H1 transfer. DOL will take care of the issue.
jairichi Posted June 11, 2015 Report Posted June 11, 2015 Do not sign anything. File a complaint against that employer with DOL.
JoeF Posted June 11, 2015 Report Posted June 11, 2015 In CA, the employer is required by law to provide paystubs. File a complaint against the employer with DOL, and with the state labor department.
Phoenix_26_1985 Posted June 17, 2015 Author Report Posted June 17, 2015 Hi All, thanks for the reply. So if I file for a VISA transfer after I lodge a complaint with DOL, it should not cause any problem. please correct me if i am wrong. Can the employer X invalidate my visa because I filed a complaint? If so, then I am going to lose my VISA.
jairichi Posted June 17, 2015 Report Posted June 17, 2015 Hi All, thanks for the reply. So if I file for a VISA transfer after I lodge a complaint with DOL, it should not cause any problem. please correct me if i am wrong. Can the employer X invalidate my visa because I filed a complaint? If so, then I am going to lose my VISA. Your understanding is correct. If your issue is genuine your current employer can do nothing against you.
rahul412 Posted June 17, 2015 Report Posted June 17, 2015 Hi All, thanks for the reply. So if I file for a VISA transfer after I lodge a complaint with DOL, it should not cause any problem. please correct me if i am wrong. Can the employer X invalidate my visa because I filed a complaint? If so, then I am going to lose my VISA. Its not VISA, its H1. Yes you are right, you can file H1 transfer with that complaint. You are good to go.
JoeF Posted June 18, 2015 Report Posted June 18, 2015 The employer is prohibited from retaliating. If he does, update the complaint. DOL would come down hard on companies that retaliate.
Phoenix_26_1985 Posted June 18, 2015 Author Report Posted June 18, 2015 Thank you every one for your replies. I will go ahead with the DOL complaint filing.
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