My question involves labor and employment law for the state of:
"1. I was offered a job at x company in Seattle, USA, in the
management and finance area. At that time I had a tourist visa so I
started working without a contract while the company was trying to find
out how I could get a legal contract as a foreigner.
2. I worked for them for two months (October and November) and I had to
quit since I didnít fulfill the requirements to get a working visa and I
came back to Korea.
3. While working for x company I was able to open a bank account with
the help of one of its investors. I lent him $10.000 (ten thousand
dollars) on 22nd October as the company had to pay a supplier that very
day without fail. Otherwise we wouldnít get the products we needed and
therefore we could lose a very important client.
4. This person borrowed money from me since our superiors were in
Mexico at the time and although we tried calling them on their cell
phones, Nextel and their offices we couldnít contact them. We were
running out of time by then. We needed to deposit $10.000 (ten thousand
dollars) immediately. This investor was aware of the amount of money I
had in my bank account so he borrowed the money and promised he himself
would pay me back within a week.
5. Days went by and I never got the money back. Eventually, I had to
come back to Korea since my tourist visa was about to expire.
6. I came back to Korea and x company was not able to give me my last
payment in 30th November since they didnít have cash at the moment. They
told me they would deposit it in my bank account in Korea. I had no
choice but to trust them since I was flying to Korea very soon.
7. Before coming back to Korea, the investor came to me, apologized and
said he would deposit $10.000 in my account within two weeks.
8. A few weeks after I arrived in Korea I sent him a message on
Facebook. He said he had had some problems with the company and asked me
a little more time. I had no choice but to wait.
9. Before contacting the investor, people from the company and the
owner himself reached me and complained about lending the investor the
money without telling him or my superiors at x company beforehand. I
said I did it because it was very urgent and there was no way to contact
them in Mexico. Since I was working in the management and finance area I
knew what was happening and as a favor I decided to borrow the money
when I was asked. I knew it was for no personal use but for the company,
and I even accompanied the investor to the bank to deposit the money.
10. We went to the bank together and deposit the sum of $10.000 (ten
thousand dollars) into Michael Ellisí account. He is one of the
suppliers of the company so I thought it wasnít a fraud.
11. I have the deposit receipt and I also asked a copy of the check we
deposited, for that reason I know exactly when Michael Ellis withdrew
12. The owner of the company contacted me again and we talked about the
situation. I told him that maybe it was my fault not to let him now
about the loan but that I didnít mean to hide it from him or to rip him
off and that I was the one affected by the situation. That money was
used by x company and lending it was my only mistake. It is very clear
that the money was used by them since I have no connection with Michael
Ellis and I have no reason to deposit 10.000 into his account or lending
him the money.
13. The investor and x company had an argument over this and they sued
him and withdrew the stocks he had in the company. Iíve lost all
contact with him since then.
14. The company owner said he was not responsible for the loan and
although he was not forced to pay me back he was willing to do it but
not just yet since their financial situation was not the best, so he
asked me to be patient. This conversation took place in January.
15. The vice-president came to Korea at the end of February and left
the second week of March. We met a day before his departure and he gave
me in cash just half of my payment but he said they would pay the rest
within a month. Iím still waiting for that money.
16. On 5th May I sent him a message on Facebook asking about my other
half of my payment and he said the company wasnít doing well and that
they may receive it by the end of the month.
17. Itís been 5 months since I left the company and they havenít even
pay me a monthís work. After three months and a half they paid me just
half of it and Iím still waiting the other one. I donít know how long I
have to keep waiting or how many times I have to ask them for the other
half of my payment. I am very preoccupied because I see they havenít
paid a sum under three thousand dollars in more than five months, so Iím
afraid they wonít pay me back the ten thousand dollars I lent them. I
just want to fix this situation before itís too late."
the question is
1-can i sue this company if i go to united state???
2-if i sue this company, i will have problem with my tourism visa for entry to united state after judgment??
3-i have chance to win????????? some law???
4-can i get back the money?
thx for help me