Payments Withheld by Previous Employer and Employer No Longer Communicating

[SP22403]

I apologize for the long story... But thanks for reading in advance

My question involves employment and labor law for the state of: NC, IL

My employer is registered in IL but I worked in the client place at NC. Hence I have put two states above, not sure which is applicable in my case. Need your help to decide on that as well.

My situation:
I worked for this employer for 4 and half years. Initially I started with the employer as an Employee. After one year, I was converted to an hourly paid consultant. I continued to work at the same client place in NC for all along.

My employer is a sub-contracted employer and not a direct vendor to the client. The hierarcy is [Client --> Comp A --> Comp B --> Employer]... I was always being paid monthly on the 20th of next month for the previous month. When I submitted my resignation, my employer blocked the last paycheck they had sent me for previous month. In addition, they have withheld back my last month's payment also. So my employer is currently withholding 1 month and 3 weeks salary and not willing to cooperate or communicate to me. I was working for the employer using my Employment Authorization and was not on employer H1. I am not sure if that matters...

Does anyone have any suggestions/recommendations how to proceed in this case?

[PattyPA]

Who is the employer? Who issues your paychecks? Are taxes withheld?

[SP22403]

My direct employer (i.e. the last one in the below hierarchy) issues the paycheks.

[Client --> Comp A --> Comp B --> Employer]

The taxes have been withheld all along at source by employer. This was the case till the last paycheck I have received.

Are you asking about the employer name? I think I did not get your first question...

I appreciate your reply. Please let me know if you need more info.

[PattyPA]

No, don't need to know the employer name.

When you contact why the employer (the one who issues the paychecks) and ask why 1) taxes are no longer being withheld and 2) why you haven't received all the pay due you, what do they say? Or, if they (not the client company) won't communicate with you, just go ahead and file the unpaid wage claim with the NC Dept. of Labor.

Since the work was performed in NC (and I assume you live there also), NC would have jurisidiction for wage payment issues.

[SP22403]

Hi PattyPA, as you realized, they are no longer replying to emails/calls. I tried to communicate as politely as I could to resolve the issue. Now it seemed like I needed legal help and hence here I am.

Thanks for the advice. I will now contact the NC Dept of Labor.