Ask Me Help Desk - Employer didn't pay my salary for about 4 months.He is a Desi in US & I stay in India

Hi all,

It's a do or die condition for me.I joined a company run by a US Indian who was born and brought up in US and hence he had created an atmosphere of Fear.
What all I heard after I joined was enugh to depress me.Initially,I searched in GOOGLE and found at least 10 cases of nt paying.

I always respected US for its rules,regulations and being strict.
But this did such
things like "An ex-employee told some of us that if you fight with him for things,he easily files a CRIMINAL CASE aginst the person and gets him in the wanted list."so you can't travel to US anymore.

ONLY because of the CEO not paying salary and he didn't even give a medical insurance.I requested him minimum 5+ times that I got very badly hurt and it was internal-nerves,ligaments and blood was clotting in the foot.I pleaded him at least pay a month's salary for treatment because I am from a very lower middle class family-poor .But he didn't ask nor listened.
Instead created a scenario that I was forced to resign.

when my foot's sweeling wasn't get better and the blood clot was causing that area of my foot black.Then also I pleaded but no answer.So,somehow met the doctor and he asked to do a rare blood test.
the results came.I alone collected the report and the in-house pathologist indicated something very wrong.then.
Just imagine yourself in my place,you are already depressed AND then my Doctor said I came very late for check up and hence with time -he told that I was diagnosed with component of blood which had reached extremely high value and that had already infected 62% of the blood in my body.

Yes,for me the component is called Homocysteine and it has reached high range.
For an Adult Male,the reference range is 5-15 with 15 being the highest. Physicians and Pathologists consider Elevated levels of homocysteine when its greater then >10 micromoles/liter in the blood.

Result- So,the doctor first made me feel cool and then said the homocysteine levels are highly abnormal AND then he told me to accept the reality that it causes direct link to heart attacks, strokes, blood clots,etc.

So many many times,I verbally requested and then mailed to CEO about the suffering,he never replied.I really cry now that everything of my life has stopped and PSTD.

I request all of you,is it my fault? I request all to help me get the money and please it's a terribly mental harassment accounting to be killed.

I don't know all laws of my country plus the company is closed and I don't have money for a lawyer.

So,I request all US citizens to help me including the GVERMENT.There is a big risk on my life.

.

Can you take this down to a question - you weren't paid and it's caused you stress (or something else).

You resigned - that ended the company's responsibility to you unless I'm missing something.

I don't know who is at fault for your health problems. Would your Doctor say that is was ALL due to your employment?

Hi JudykayTee,

I will take the question down.
But even before resignation ,there was mre 2 mnths salary pending and numerous mails,calls were futile.

Let me clear it to you,after I resign-I need to serve a 2 mnths ntice period.For me,the CEO gave 1 month notice period to serve.

AS per the salary goes,"*Its a mandatory rule that the employee worked for a month and hence the Employer pays it as a part of "Final Settlement" usually within 45 days.

Final settlement includes the money for the vacation/or the Leaves called earned leaves.Its logical,in a month you did not take any off.You collected 2 days leave.

Then you resign.

So,this scenario must be the same everywhere--Dont you feel that I had 2 days earned leave and hence the company must pay salary to you.

I am surprised with your answer on my health. When you are not getting paid for months,where will I get money for treatment.Please tell me.I am soory if I have been rude but please live a life for 6-7 months without getting paid.
*******************************
Main point,I feel you did not understand the severe health issues I was facing during work.He didn't provide any medical insurance nor salary.

So,how could I manage to treat my disease when I do not have any money.

You just place yourself in such a situation- Employer was not paying for more then 2 mnths and they did not provide any insurance.

So,don't you feel that a person is suffering and living.This causes STRESS no doubt,but along with it when you see the credit card people are chasing for money ,but you know you can't pay them.
So,my name gets listed in the credit information bureau. It's a repository of information, which contains the credit history of commercial and consumer borrowers.

Please tell these cases as I wrote above will natural cause you anxiety and gradually I went to depression.
You see the above things were happening from October'2011.

I can only say that a person who suffers knows what pain is and how life is in depression.
Its not so cool as you might have felt

If you can't prove that your employer caused your physical problems you have no case. It's as simple as that. This isn't about what is morally right or what I think - it's about the law. And, no, not everyone gets depressed - if that's what you asked me.

The same with your salary - it's not about what I think or feel or what is logical about how you should get paid. It's the law.

When you don't get paid for months what do you do? You find another job - that seems rather clear to me. What am I missing?

You quote policy or something - what are you posting? Where is it from?

Don't think you hold the patent on suffering. You sound like a giant case of self pity.

A direct link to a heart attack is not the same as a heart attack. If your Physician will state IN WRITING to a third party that stress has caused you to have these high levels and that these high levels make you at risk for a stroke or heart attack AND that your employer is/was the cause by all means either go to Wage and Hour or some other Agency OR retain an Attorney and sue for damages.

I'm not seeing anything of the magnitude you seem to believe is involved.

I'm not being rude - if anything you are being rude because you don't seem to understand what I am saying.

It's not about what I think or you think or the neighbor's cat thinks - it's about the law.

Judy,

I am sorry as I asking the same thing but words did not fit properly. accept any confusion for not putting it this way. Please do not get me wrong.

In simple words,I wanted to know and hence need help thatsince I am in a different country-can you please guide me how do I go to make him understand by law and pay my wages.

I don't have any idea of how to do it from here.

Thanks and sorry again

Not a problem BUT where in the US is your employer? It varies by State - and, of course, there are also Federal guidelines.

If you want your wages paid and can prove you worked it should not all that complicated BUT a lot depends on how your employment contract was written.

EDIT: I just realize I got a not helpful from you. Maybe someone else can come along and figure out what you're asking - and how to get you paid.

Judy- I accepted that I was interpreting in a different way and I am sorry.But,your next answer helped me to get what you.

So,it's a mistake.I am very different -You can get me,when I discovered the confusion-i felt that its my hurry and whole heartedly say sorry to you.I learn from these experiences.So please... dont leave me

Judy,

It was in hurry and I clicked that.I didn't understand and I clicked it.Its by mistake and everyone makes mistakes.so please

Where in the US is your former employer's business based?

What did you find out about him on the Internet? Those comments could be invaluable to you.

Won't you help? It was by mistake and so don't leave please

I didn't leave - it's okay. Keep answering me.

Where in the US is the company headquartered?

I don't know what a "Desi" is - is that a slang term for someone?

Let me try to see if I can understand the issues:

You are in India.

You worked for a company run by an American resident.

You have not been paid some 4 months of salary.

Is the company still doing business in India? The most direct solution would be to go to the authorities there in India (a Labor ministry or department perhaps?) and see if they have the ability to force the ex employer to pay you. Absent that, you sue in Indian courts for your pay and attempt to collect there.

If none of the above are feasible, you would contact an attorney here in the U.S. state where the company is located (if the company does business here).

Those are your options, as I see them.

Ok.Initially there ten statements of he being such a person.
Next day,I find everything deleted.He ,what I heard from ex-colleagues and they say He is a high profile perso,can do anything he wants.

As I said if anyone wants to claim their right from this person he files a case.
**I have written letters t asking money and telling HE DID NOT respond

Sorry for using the term Desi-i found it on iternet.

1)He is an INDIAN.BUT NO CITIZENSHIP OF INDIA.
He was born and brought up in US,calls US and American passport.

Judy--I want to ask you something.Can you please give me your personal email-id. I can then freely write about him.Please-here when he

Quote:

Originally Posted by rexiannit

... 1)He is an INDIAN.BUT NO CITIZENSHIP OF INDIA.
He was born and brought up in US,calls US and American passport.
...

If he is an American citizen, why are you saying he is an Indian? Unless you mean that he is a Native-American, that doesn't make any sense. If he is of East-Indian ancestry, OK, but it is of no legal significance.

Quote:

Originally Posted by AK lawyer

If he is an American citizen, why are you saying he is an Indian? Unless you mean that he is a Native-American, that doesn't make any sense. If he is of East-Indian ancestry, ok, but it is of no legal significance.

All this time I thought the employer was a citizen of India doing business in the US - now I have no idea!

I still haven't found out WHERE the business is headquartered.

I also don't understand why a slang term ("desi") would be looked up on the Internet and thrown into the mix.

Quote:

Originally Posted by JudyKayTee

All this time I thought the employer was a citizen of India doing business in the US - now I have no idea!

I still haven't found out WHERE the business is headquartered.

I also don't understand why a slang term ("desi") would be looked up on the Internet and thrown into the mix.

Sorry for no communication for the last few days.I was down with fever.

I will answer-

1)He is an American Citizen but ancestral fore-fathers are from India.So,by culture an Indian but otherwise He is an American Citizen.

2)Please do not get angry if I can't clearly put in words.

3)Its an earnest request to please give me your mail id because its serious and confidentiality is most important.

I will send all answers in a proper way.I hope you understand that I received many indications to not ask my salary legally.

Quote:

Originally Posted by rexiannit

Its an earnest request to please give me your mail id because its serious and confidentiality is most important.

I will send all answers in a proper way.I hope you understand that I received many indications to not ask my salary legally.

I will not go outside AMHD rules - you need to post here (and I understand your reservations).

Have you considered retaining a US Attorney - I still don't know where the company is headquartered.