Help..help... Employer Complaint

[JAMBALHAAT]

Hi Bhaiyya's,

I changed my employer recently.
My previous employer hired me basing on internal project but later got to know he just hires candidates and make them work at client location. It is a texas based consultancy.
My previous employer used to run pay check for 60k/yr, I was on 75-25 basis. when he runs my pay check he used to run for $5,000 legally and rest of the amount 1700-2000.
he used to deduct insurance other expenses and puts the rest of cash, quarterly into my other bank accounts. which quarterly come ups to 3000.
Now i left the company properly with 15 days notice and transferred my H1B. He is not paying my last pay check - July salary and the quarterly amount he used to pay earlier. i do have proof's which he send the amount deposited into my account from different email ids.

I am married, my wife is on dependant visa. I was not able to handle financial cliff ahead. so i sent my wife to INDIA for couple of months. This is my situation bhaiyya. Seriously speaking when i am thinking how my previous employer ditched i am becoming restless...feel to cry.. feel depressed....at night...its a hell...cant even sleep.

After repeated requests on phone calls and so many emails. He is not even responding. I sent an email that i will approach attorney / labor department. he is not caring at all.
I need to complaint on my employer regarding following things
[font=arial, sans-serif][size=3]1. Failure to pay my salary(12000).[/size][/font]
[font=arial, sans-serif][size=3]2. Company [/size][/font][font=arial, sans-serif][size=3]Hired me for an internal position "Programmer Analyst" in the company, later he made work for Different client/company for his benefits with false promises to increase my salary & by maintaining a separate salary sheet.[/size][/font]
[font=arial, sans-serif][size=3]3. [/size][/font][font=arial, sans-serif][size=3]Working without LCA amendment after repeated requests also he use dot say I am running pay roll for so many people, why are you afraid.[/size][/font]
[font=arial, sans-serif][size=3]4. My personal life got disturbed. [/size][/font]

Firstly, i am sure he is not going to pay me salary. should i go to labor or hire attorney.
1. called labor department - they said i need hire an attorney. anything above 5,000. i need hire an attorney.
2. I approached Attorney, he asked me 10,000$ for taking up this case (even if i win the case 12,000-10,000=2,000.)

what shall i do bhaiyya.... please help... if anyone went through ...please give your valuable suggestions..

Thanks.....

[loveindia]

one thing..

neeku lca lo 60k ani metion chesaadu... 5000 per month ichadu... he is very good there... rest amount deposit chesadu bank lo... adi evaru chesaro ela chesaroo vaadu naaku telidu antey em chestaav... as far as paying salary, he only owes you the last paycheck which 5000 if he hasn't paid you.. the rest 7000 which he promised as a deposit I am not sure how will that go..

before jumping into legal things

first email pampii, to him, hr etc in that company saying you have to pay me so and so amount as part of my last pay check ani... don't send any warnings or curses and don't ask for cash or anything.. try to be good.. wait for the reply for atleast a week... then send another email, I am having financial problems, having issues because of the paycheck hold ani... 1 week tarvata go to a lawyer and say sue cheyyali.. ila chesadu pay eggottadu ani, I had issues ani... ilanti cases desi attorneys ekkuva handle chestaaru cos, when u win they will take 50% of ur share... so try that route, u may have chances of winning.. first mails raayakunda direct lawyer antey waste of time, waste of effort...

nuvvu illegal ga cash adigaav ani vaadu reverse lo esthey neeku issues start avtayi, like IRS and all... and also aa employer peru ikkada vesey... em parledu.. people will be awared of it..

[edisav_edava]

yes..do post the employer name....i think the employer is from dallas....

also....once u go thru the process of hiring attorney...

okkasari employer ki lawyer notivce pampisthe...employer wud try to settle the case off the court....beware of it

[JAMBALHAAT]

Bhaiyya,

I sent him an email.... about financial situation...send all screen shot...I owe around $20,000 in credit cards ani.. vadi reply ikkada paste chesthunna...

"[color=#1F497D][font=Calibri, sans-serif][size=4] You have joined XXXXXXXXXXXXXXX Inc as a full time employee. As per the LCA your Annual Salary is $ 60,000/- per year and Adept never missed your payroll and paid on time. And at the same time Adept has issued you almost $6000.00 Advance as per your request. XXXXXXXXXXXXXX[/size][/font][/color][color=#1F497D][font=Calibri, sans-serif][size=4] is not responsible for your personal loans/payment dues and at the same time Adept always encourage their employees to consider if they get any better employment opportunities." [/size][/font][/color]

[color=#1F497D][font=Calibri, sans-serif][size=4]bhaiyya inka eeeh LK gadini em cheyaloo chepandi [/size][/font][/color][color=#1F497D][font=Calibri, sans-serif][size=4]and after this also email also i was requesting like his servant...please please ani ...vaniki inthe kani karam ledu...[/size][/font][/color][color=#1F497D][font=Calibri, sans-serif][size=4]Thanks...[/size][/font][/color]

[color=#1F497D][font=Calibri, sans-serif][size=4]i am very much need of atleast money...i asked him...please settle take some percentage...ante....i wont even give your money...and who is offering who ani yegathali chesthunnadu[/size][/font][/color]

[JAMBALHAAT]

company name isthey google search chesthey..... eeeh conversation bayatai vasthadi ani bayam tho istha lenu bhaiyyaa,,,,s orry.

meeku evaru ayina attorney telusthey chepu bhaiyya please

[JAMBALHAAT]

Adept is my consultancy name....and irving lo untadi

[loveindia]

[quote name='JAMBALHAAT' timestamp='1378330916' post='1304204094']
Bhaiyya,

I sent him an email.... about financial situation...send all screen shot...I owe around $20,000 in credit cards ani.. vadi reply ikkada paste chesthunna...

"[color=#1F497D][font=Calibri, sans-serif][size=4] You have joined XXXXXXXXXXXXXXX Inc as a full time employee. As per the LCA your Annual Salary is $ 60,000/- per year and Adept never missed your payroll and paid on time. And at the same time Adept has issued you almost $6000.00 Advance as per your request. XXXXXXXXXXXXXX[/size][/font][/color][color=#1F497D][font=Calibri, sans-serif][size=4] is not responsible for your personal loans/payment dues and at the same time Adept always encourage their employees to consider if they get any better employment opportunities." [/size][/font][/color]

[color=#1F497D][font=Calibri, sans-serif][size=4]bhaiyya inka eeeh LK gadini em cheyaloo chepandi [/size][/font][/color][color=#1F497D][font=Calibri, sans-serif][size=4]and after this also email also i was requesting like his servant...please please ani ...vaniki inthe kani karam ledu...[/size][/font][/color][color=#1F497D][font=Calibri, sans-serif][size=4]Thanks...[/size][/font][/color]

[color=#1F497D][font=Calibri, sans-serif][size=4]i am very much need of atleast money...i asked him...please settle take some percentage...ante....i wont even give your money...and who is offering who ani yegathali chesthunnadu[/size][/font][/color]
[/quote]

kanisam phone conversation record cheshnavaa... nuvvu decide ayyipoi emaina veedni edo okati cheyyali antey u can fight, ilanti case lo manam gelvamu ani telisteney attorney will ask fees, or else they will ask for share if its a sure winning case.. One of my friend won 500k over his employer and gc kuda chesaru international manger name tho EB1... Can turn out into anything... as far as i know, if u guys have any email conversation regarding the advance and all, u can show proofs but there are chances it can back fire u also...

[JAMBALHAAT]

Bhaiyya,

i spoke to an desi attorney for here my case and seeing my document.
attorney gave valuable points to case against him...kani matter enti ante...she said she will charge me $10,000.

out of 12000 what i will get even if i win hardly 2000. if i cant win or any compromise..i will be paying return....

kodhiga desi attorney who charge less unte chepu bhaiyya,,,, please

[puli raaja]

[croci]

Dude, nuvvu gelustha ani confident ga unte go ahead, if you win then you can claim attorney fee as well. gud luck.

[iTeachSAP]

help this guy please ..

[Cheeta]

call him and ask him
emi response lekapothe oka mail pettu clear ga neku entha ravalo
leka pothe labor dept ki adn usicis ki complaint chesta ani bhayapadi vade istadu

kani lca 60k ki vundi idi kada daniki emi cheyyalo
wait for few more suggestions

[MeetFriendz]

[quote name='JAMBALHAAT' timestamp='1378332371' post='1304204237']
Bhaiyya,

i spoke to an desi attorney for here my case and seeing my document.
attorney gave valuable points to case against him...kani matter enti ante...she said she will charge me $10,000.

out of 12000 what i will get even if i win hardly 2000. if i cant win or any compromise..i will be paying return....

kodhiga desi attorney who charge less unte chepu bhaiyya,,,, please
[/quote]


Dude why are you going with only desi attorney? check with american attorneys too and see what they say. Also check with that desi attorney too the same thing that if you pay the requested amount what will you be benefited? just 2K? make it clear from her that they can claim more or so then you can think on it right?

also i would suggest to check with american attorney's too. there are few who listens to the case free of charge and suggest if they can during this free consultation. I will PM you details, but do check online and try to approach as many as you can similarly and try to analyze from their response if its good to invest the money.

Also one more thing i can say is you need to be in such situation that what ever may be the consequences you will not repent after wards ( like if some thing goes and court hearing might do some kind of charges to that consultant and at the same time you might have some -ve impact from uscis)

If you are well prepared for it then i will recommend to go ahead and pay attorney fee either its 10K or 12K max

yendhukante neku yee 10K radhu ani fix iyavanuko atleast you are screwing up that guy and he will be in trouble if some one in same situation like you file a complient in future for definite. But thing that will you be able to afford to loose some thing more.

yee situation lo adaga koodadhu and annakudadhu , Iyena yee technology bhayaa nuvu mari 12K salary nelaki ante too good nuvu and yentha salary vunapudu move iyemundhu step jagratha veyalsindhi. any way ... keep posted and hope some thing work out for you.



veyali kani

[loveindia]

Dude, all r reading ur agony and replying in a hurry.. First understand, there is no problem on his side at all.. Ur LCA is specified with 60,000 dollars and he is paying u 5000 per month.. As a note he gave u advance also which suffices ur last paycheck as per the email, he sent u.. So his part of the story is very clear..

Now your problem, you cannot go to court and say he said he will give me money off the record so I said okay which will turn bad for u and since you cannot prove it, you are in a soup.. I have been to lawyers too, if they believe that you will win the case definitely, they won't charge a single dollar from you, else they will take the fees.. So I believe we are thinking about an idiot and wasting our time... All you can do is just curse him daily and feel the pain unless there is something the lawyer comes up with...

Even if you invest this 10k , that will not much screw that guy because if he wins the case, nothing will go against him...

[JAMBALHAAT]

hi meetfriendz,

It not 1 month salary and it my 1month salary + 3 months of perdium/allowance payment...i get around 5 k per month after taxes( performance testing)

hi Loveindia bhaiyya,

LCA was only for working in his company for 60,000(internal project) later he marketed me for mutual benefits....i was on 75-25 nbasis. i paid my h1b i pay for my insurance.
I have also segregated documents against him from previous consultant who left him...he as done like 2000-3000 for them too.