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Ex-employer Not Paying Final Salary And Experience Letter And Skill Certificate.

Discussion in 'Consulting company issues' started by Sandip Deshmukh, Apr 13, 2016.

  1. Sandip Deshmukh

    Sandip Deshmukh New Member

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    I am based in Georgia, and I was working for a Georgia based desi consulting company XYZ for last 1.5 years. During my entire tenure with this company I worked as a corp-to-corp consultant. I did my marketing to find client/project and I was billable to the end client during entire tenure. Company XYZ did find any project for me.
    This XYZ company filed my H1B for their in-house project, but on approval they did body shopping with me and asked me to do corp-to-corp consulting. When I found an end client, they changed my LCA accordingly. I didn't work on in-house project of XYZ for even an hour in last 1.5 years.
    I do have all the corp-to-corp client time-sheets for last 1.5 years and invoices send to the end client, also I am having copy of corp-to-corp agreement's with my billing rate to prove Company XYZ was doing body shopping with me.
    When I resigned from XYZ, I gave a formal notice of 2 weeks. Now it is one month from last working day, but owner of XYZ is neither willing to pay me my last month's salary nor he is not willing to give me experience letter and skill certificate. I got my salary for all the previous months (except last month) as per amount mentioned in my offer letter.
    My verbal deal (not on paper) with XYZ was, company will keep 25% of my billing and 75% will be my share. Eg client is paying 10K /month then company will keep 2.5K/ month and 7.5K/ month will by my share. However my fixed salary as per H1B petition was 6.5K/ month which they were paying. However Company XYZ kept this additional 1K/month from my share of billing. Company XYZ deducted 5K which is my first 5 months bonus/ balance amount from my share as my H1b processing fee, which they didn't tell me while filing H1B, but I am able to get the bonus amount for remaining months till end of 2015, but again 2016 bonus for 3 months is with company.
    Apart from last month's salary company XYZ is not willing to pay this pending bonus/ my share for last 3 months.
    Now after employment, XYZ compnay is asking me to sign a no-compete agreement that I will not join any of the direct or in-direct end client for next one year, and I will not file any legal case on him, and I will not write negative reviews about him in public or social media and I will accept whatever money he is going to give as a final settlement.
    Please advice, what should I do. I am planning to go to department of labor.
     
  2. Sandip Deshmukh

    Sandip Deshmukh New Member

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    There is a typo.. I wrote in forum that Company XYZ did find any project for me, whereas Company XYZ didn't find any project for me. I did my marketing on my own.
     
  3. Santy

    Santy Guru

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    What will be your complain to DOL? That you have not received that bonus which is not in your offer? Or about experience letter? Your employer is little worried only because of legal hassles otherwise I see them safe. I understand your frustration though. I see two options right now:

    1. Make a deal, get the experience letter in your format, somehow ask them the settlement amount before signing anything. Tell them that you are ready to sign the non-compete as well as social media thing. As long as you get your experience letter, I don't see any disadvantage in this approach.

    2. Go for it. Tell them that now you will show them how to do business. Prepare for the worst case, you can even find yourself out of the country. Can you or your family afford this? If yes then think what you gonna archive if you win.

    My suggestion would be to grab the experience letter if you want to stay here. Forget your bonus, you will earn lot more in future. Take this as a learning. Think before you choose an option. Best of luck.
     
  4. pulpfiction

    pulpfiction Guru

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    Its considered a standard practice for these employers to charge you for H1s (uscis fee + attorney fee) even though it's unlawful. If you had just 'assumed' that they were going to file your H1 for free especially in this sort of % partnership deal, its on you. About not being paid your share of the billing, my suggestion would be to keep sending emails with actual numbers of what you think the employer owes you (break it down based on the entire period of your employment. Use any previous emails your employer may have sent on the billing as the starting point to have a email trail). Don't try to threaten, just be persistent with the emails. Most of these employers take their time to disburse funds when you leave them, but eventually do it. They would not want to risk litigation over few thousand dollars.
    If nothing works, you can always let them know that you will be forced to report them for malpractice, but I have no idea what transpires if you actually do report. Good luck

    ps: I don't understand why you would need an experience letter or skills certificate in the US, as long as you have payslips/w2 as evidence of employment ?
     
  5. Santy

    Santy Guru

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    Experience letter is required for various reasons, GC being the primary one.
     

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