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roomrent969
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 Looking for Attorney: Consultancy lafada
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Posted on 06-17-15 7:02 PM     Reply [Subscribe]
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I have been working with a consultancy in a client location. As per the original offer letter, I was supposed to get bonus after one year of service which I completed in March 2015.
As I change the client location in Jan 2015, We signed new terms for this project for which We went for hourly basis but it doesnt mention anything about the original offer letter. In hourly basis, we he paying $X/hr and he has to pay $Y/hr after each 3 month. I have been asking to him to pay that since 4 month, he just kept on saying client hasnt paid bla bla though I have nothing to do with client payment based on the contract.
When I again asked him the reason of holding my remaining amount without my consent, today he replied saying he is paying $X/hr based on the contract. Means He is trying to ignore $Y/hr.
He tried to bond me in contract at the last moment before filing H1 so I filed it through another consultancy and it got picked up but I am still working with original one. Now, I am going to resign from them. I am looking for an attorney to consult and if possible to sue them as they have cheated me on so many things including bonus and making my fake resume though I was offered as per my real resume before joining them also they tried to force me to sign in contract and when I did not they they said I said not to file H1 at last hour (though I had said 10 days before USCIS starts accepting applications) for which his company need to pay lawyer.
So, can someone help me what could be the best thing to do in this situation? Can someone knows best attorney with whom I want to consult first and if I am stronger then will go for legal action?
 
Posted on 06-17-15 7:19 PM     [Snapshot: 10]     Reply [Subscribe]
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Looks like you can even be compensated for delay of wages too. Wages cannot be delayed and can be complained in Dept of Labor. Check if there is something on their website.
Looks like co. did smth illegal by not even paying you x $. If they were sincere they should have paid you at least x $. It is then on you to complain about $y-$x. But they seems to fail on even basic DOL rule. Check their website.
 
Posted on 06-17-15 7:32 PM     [Snapshot: 42]     Reply [Subscribe]
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No No, for $X/hr, they paying me every month. Only concern is $Y/hr which is due since 6 month,bonus, contract says I have paid vacation but when I went Nepal, they did not pay me at that time. Just checked their site and I dont see any such information in their site
 
Posted on 06-17-15 7:53 PM     [Snapshot: 87]     Reply [Subscribe]
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You can't claim bonus, bonus is employers discretion. It can be $1 or it could be 10k, I don't get how bonus is hard coded in contracts.

Wages you will get it, they can't get away without paying wages, it's matter of time and effort.
 
Posted on 06-17-15 7:56 PM     [Snapshot: 109]     Reply [Subscribe]
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You won't need lawyer, just tell them you are wage claim, fillup everything send them copy and give them week or 10 days to respond , if they don't file a claim, you will eventually get paid. But don't let those sucker chopp your earned money. I have when these freaking fakers do this shit.
 
Posted on 06-17-15 8:26 PM     [Snapshot: 164]     Reply [Subscribe]
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Just went through the terms again. They have included one terms saying $Y/hr will be paid as an expenses every 3 month.
Yaaku bro,
"just tell them you are wage claim, fillup everything send them copy and give them week or 10 days to respond"
Can you please elaborate above?
 
Posted on 06-17-15 9:08 PM     [Snapshot: 204]     Reply [Subscribe]
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If that's expense reimbursements you might be able to claim it, but I guess it will little tricky, cause they might defend saying you have to show expens first. But this being freaking fakers might end up paying.

All states has department of labor and workforce, for example NJ it is lwd.dol.state.nj.us , if you go to url, there is link that says file a claim and inside that you will see forms with different names and purpose. All you need to do is fill up those forms and send to department of labor. It's free , once you send it , they will give you case number, they will contact employer and sort it out. If they don't pay you, they will even file court case on behalf of you. But all states have different way of doing this. There is something similar in federal level also , do some research you will find it.

So what I am saying was, find out dol forms of state your employer belongs, fill them up completely and send it to your employer saying you are ready to file wage claim case. But before doing that you want to sort it out by working it out and you want all your wage that is rightfully yours and if you don't get paid in next 15 days , you will file case with dol. Most probably ur employer will sort things out , if not just file the case and keep following up with state dol. Look for something similar in federal level, fill those forms also and tell ur employer , you are filing case in both federal and state level .
 
Posted on 06-17-15 9:10 PM     [Snapshot: 218]     Reply [Subscribe]
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I assume you are in OPT. Before resigning, make sure you can work and maintain status with your new employer before your h1 starts on Oct (assuming your h1 is approved). Or wait till you secure yourself on new company.
 
Posted on 06-17-15 9:22 PM     [Snapshot: 230]     Reply [Subscribe]
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Thanks Yaaku bro for detail info.
Khairey bro, I am in OPT extension which will end up after 1 year but H1B already got approved so will be in H1B from October. I can switch to new employer who has filed my H1B anytime I want so I do not have status problem. So, I believe I am in good condition now.

Still looking for Attorney contact details as well in case something happens.

 
Posted on 06-18-15 5:17 AM     [Snapshot: 352]     Reply [Subscribe]
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kunai attorney ko contact detail paye dekhi wanted consult with him.had anyone gone thru same situation and resolved it?
 
Posted on 06-18-15 9:05 AM     [Snapshot: 490]     Reply [Subscribe]
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Why attorney? Just tell them you are filing the case with DOL.

I got mine in a day after saying that.

If they dont respond, just file the case with DOL. Make sure that you read and understand the contract. DOL will do the rest.
 
Posted on 06-18-15 9:13 AM     [Snapshot: 482]     Reply [Subscribe]
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Roomrent969,
I hope your previous employer is not Centaurus Technology from Irving, TX. If it is, there are plenty of people with such issues. May be you will hear more from people if you spell out your employer's name.
I used to work for Centaurus and waiting to cross 180 days limit to file case at Labor to collect my balances. I was on OPT as you while I was working with them. I had to quit working for them because they did not work for my H1 as they promised. Now I work for other company with approved H1 for 2016.
I made sure I collect all my balances before I quiet but as you said they always hold something. I do not have much balance that I need to collect with them but it is tough to leave hard earned single penny.
I would go after them with a solid attorney to collect all the money they made off of me during the time I worked for them + other money that attorney can get out of them . I am not keeping that money for myself but want to start social group or charity to help people who has been bullied by these desi employer. If anyone could help or want to join on this, Plz lets be united.

long_horn
 
Posted on 06-18-15 6:36 PM     [Snapshot: 689]     Reply [Subscribe]
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Yaaku bro,
I saw the DOL form for Michigan at http://www.michigan.gov/documents/cis/Employment_Wage_Complaint_WHD9430_fillin_sample_212327_7.pdf
. It has said not to file if I have not worked in Michigan. "You did not perform work in Michigan. ". I am working in virginia at client location and they are in Michigan. So which DOL should I complain, any idea?
Long horn bro,
Its not that consultancy. Mine is in Michigan.
 


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