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-   -   Ex employer not paying salary- Complaint in DOL (https://www.askmehelpdesk.com/showthread.php?t=140831)

  • Oct 15, 2007, 06:27 AM
    SillyPoint
    Ex employer not paying salary- Complaint in DOL
    What happend:

    I joined NJ base consulting company A and they offered an x amount as aannual salary.
    They didn't give full month salary but was giving part of it. When enquired about it they said they would give me after an year or when there is an account settlement.

    So I moved to Company B now and things are going smoothly.

    But my first employer is not paying whatever money they owe me. Now they are saying over the phone that they couldn't make profit and hence they cannot pay rest of the amount.

    My friends suggested me to approach DOL and I did so. If it going for hearing then I need your suggestions..


    Thanks
    Silly Point
  • Oct 15, 2007, 06:31 AM
    ScottGem
    According to the offer letter, you would be required to reimburse Company A for any expenses they laid out to obtain your work visa. However, you should have worked out with company B that they would take this over for you.
  • Oct 15, 2007, 06:41 AM
    SillyPoint
    Quote:

    Originally Posted by ScottGem
    According to the offer letter, you would be required to reimburse Company A for any expenses they laid out to obtain your work visa. However, you should have worked out with company B that they would take this over for you.

    But I moved because company A was not paying me as offered. So can I raise this in DOL hearing.. If I would have stayed with company A for 1.5 years then he would not have paid me the proper salary for that much time.. he was not keeping his words and that's why I moved.
  • Oct 15, 2007, 07:25 AM
    ScottGem
    One thing has nothing to do with the other. You have a claim against Co. A for not paying you as agreed. They have a claim against you for expenses incurred on your behalf. They are two separate claims.

    P.S. Please don't crosspost the same question. Your other pst has been removed.
  • Oct 15, 2007, 07:34 AM
    SillyPoint
    Quote:

    Originally Posted by ScottGem
    One thing has nothing to do with the other. You have a claim against Co. A for not paying you as agreed. They have a claim against you for expenses incurred on your behalf. They are two separate claims.

    P.S. Please don't crosspost the same question. Your other pst has been removed.


    Thank you gor your suggestion... I am getting to know things...

    Is there any factor that favors me in this case? Atleaset I should get the money after deducting all their expenses...

    Thanks

    Silly Point
  • Oct 15, 2007, 08:20 AM
    ScottGem
    If you have a letter (effectively a contract) that says you will be paid X amount and you weren't then they have to pay you. You should win, but then they will countersue for what you owe them. However, even if you win, you may have trouble collecting.

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