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-   -   Employer not paying valid salary (https://www.askmehelpdesk.com/showthread.php?t=198029)

  • Mar 24, 2008, 10:19 AM
    sonupatil
    Employer not paying valid salary
    Hi,

    I have a contract with my employer where in he has agreed to pay me 66K per annum without regard to my working or not. I am here on H1B.
    I am looking out for clients for my employer since past 3 months, but have not been able to. First 2 months they paid me full salary but now they are saying that they will not pay me at all for this month.
    What can I do?
    Will I have to Sue them for this?
    I know I will have to find another employer and get my H1 transferred before taking any such step, but what else can I do?
    If I have to sue, then will I have to bear any cost? Like Lawyers fees, etc? If so how much will it be?
    Also, how do I go about doing such a thing?

    Please reply at the earliest.

    Thanks,
    Sonu.
  • Mar 24, 2008, 11:04 AM
    ScottGem
    If you have a contract and one party is not living up to the terms of that contract, then you have to sue for redress.
  • Mar 24, 2008, 06:58 PM
    sonupatil
    Thank you Scott.
    But how do I go about Suing the employer (after I transfer my H1)?
    Should I directly approach a lawyer? If so... which type of lawyer should it be? Immigration lawyer?
    How much fees will I have to give?
    Are there any other pointers you can give me?

    Also, the contract was signed in India but was relevant to US pay. I have 2 paystubs which give the exact salary I was paid.

    Really appreciate your prompt response.
    Thanks again.
  • Mar 25, 2008, 05:17 AM
    ScottGem
    Depending on how much is involved you may be able to use Small claims court. Otherwise you want to hire an attorney familiar with employment or labor laws.

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