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-   -   My ex employer is not paying part of salary which they owes me (https://www.askmehelpdesk.com/showthread.php?t=126983)

  • Sep 7, 2007, 12:21 PM
    pandydurai
    My ex employer is not paying part of salary which they owes me
    Hi
    I joined NJ base consulting company and they offered an x amount as aannual salary.
    They placed me in another state. The 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.

    This continued for 7.5 months and finally I moved to another employer. But my first employer is not paying whatever money they owes me. It is altogether $7500. Now they are saying over the phone that they couldn't make profit and hence they cannot pay rest of the amount.

    In this case if I need to get this amount what can I do? What are my possible options? I cannot afford to find a lawyer.

    I am very new to this country.

    Please suggest.
  • Sep 7, 2007, 12:26 PM
    ScottGem
    Quote:

    Originally Posted by pandydurai
    In this case if i need to get this amount what can i do? What are my possible options? I cannot afford to find a lawyer.

    Please suggest.

    You can't afford NOT to find a lawyer.

    Do you have an employment contract or anything that indicates the agreed on compensation?

    You can try the NJ State board of Labor. But the likely answer is you will need to sue the employer.
  • Sep 10, 2007, 05:34 AM
    pandydurai
    Quote:

    Originally Posted by ScottGem
    You can't afford NOT to find a lawyer.

    Do you have an employment contract or anything that indicates the agreed on compensation?

    You can try the NJ State board of Labor. But the likely answer is you will need to sue the employer.

    Thank you for your suggestion. But before finding out a lawyer I would like to know wheather it is worth going for that.

    I am having the offer letter in their letter head as an attached email stating my annual salary, also another email stating that I can claim the flight ticket charges once I complete 6 months with that company.

    The amount company owes me is 7.5K so if I sue the company through the lawyer then I need to pay a good amount (that is what I heard about) to the lawyer. Sorry I am new to this country...

    Is there any other place I can complain?

    Thanks

    Pandy
  • Sep 10, 2007, 05:42 AM
    cpalmist
    The phrase that strikes fear into ANY employer's place where a heart is supposed to go"
    NATIONAL LABOR RELATIONS BOARD

    I know this works as I had a similar situation and as soon as I mentioned those 4 magic words, a check appeared (and it cashed.).

    The NLRB comes in and does a complete audit of the books and who wants that?

    Free service.

    Please rate this answer if you would.
  • Sep 10, 2007, 06:11 AM
    ScottGem
    Try the State labor board first.
  • Sep 10, 2007, 06:56 AM
    excon
    Hello Pandy:

    If it were me, I'd SUE 'em in small claims court. Yes, you will have to forgo any amount beyond the limit of the court. But that's probably only going to be $2,500. $5,000 is the maximum you can sue for in most small claims courts around the country. Besides, you'd pay that much (or more) to a lawyer and your case will drag on for YEARS. In small claims court, your case will be handled in a few months and lawyers aren't allowed.

    The reason I would SUE them is because if you win a judgment, you can levy on their bank accounts and TAKE your money. If you call a bureaucrat, after the bureaucrat has lunch and takes a break, he'll write a letter...

    excon
  • Oct 10, 2007, 07:06 AM
    pandydurai
    I complainted in Department of labor and they accepted in file. They send the wage claim form to my ex employer and I received a copy. They also informed me that if I am not satisfied with the (if any) explanation given by my ex employer then this would go for hearing...

    I am keeping all the email converstaions, offer letter through email, salary slips etc.

    Thank you for your suggestions.
  • Jun 13, 2010, 05:50 AM
    nash_sturdy
    Hi Pandydurai,
    Can you tell me, what is the result after filing a complaint with Department of labor.
    Just curious to know, as I have similar situation.

    Thanks,

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