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Threated to Be Sued for Salary

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  • 01-19-2011, 10:18 AM
    anant
    Threated to Be Sued for Salary
    I am on H1B visa and I was contracted to company. I joined my client after giving no notice period to previous employer. I never signed any paper with previuos company. I saw a contract between curr and previous company and has nothing written if hired by them. Now after joining new company asked for salary of last month to previous employer. he saied i will be sued next month by his legal department. i dont get what are things can i do for my salary and if sued what are things to do?
  • 01-20-2011, 10:44 AM
    T53147
    Re: Threated to Be Sued for Salary
    It is unlikely that you do not have some employment contract. Some contracts contain clauses preventing what you have done. Quitting without giving notice is unprofessional. You really need to collect all of your documents from your previous employment to take to an attorney in the event you are sued by him.

    You can complain to the DOL for your missing wages.
  • 01-20-2011, 03:37 PM
    Mr. Knowitall
    Re: Threated to Be Sued for Salary
    If your employer advanced you salary that you had not yet earned, your employer would have a claim for that money. I have no reason to believe you're talking about an advance on your wages, so that's probably not an issue.

    If you're talking about money you earned, they have no inherent claim. If you signed no contract that imposes a penalty for quitting (and they have to be careful how they structure such a contract - they're not always enforceable) you have no contractual obligation.
  • 01-27-2011, 09:36 AM
    anant
    Re: Threated to Be Sued for Salary
    Company never give any paper to sign and return to them. Even i was never given offer letter. I was asking for salary for a month. I have all timesheets signed. Do anyone help to find attorney if i will be sued? it was nj company. i am not in NJ.
  • 01-27-2011, 08:46 PM
    T53147
    Re: Threated to Be Sued for Salary
    At the time you began working, you most likely were given a lot of forms to sign - insurance, W-4 for US income tax,... You had to provided proof of you right to work in the US. Did you sign other papers at that time? If so, get copies of them. I find it hard to believe that you never signed anything for the company.
  • 01-27-2011, 09:08 PM
    jk
    Re: Threated to Be Sued for Salary
    Quote:

    Quoting T53147
    View Post
    . I find it hard to believe that you never signed anything for the company.

    since he is an H1B worker, I am sure there was considerable paperwork between the OP and the employer. Since the employment with this particular employer is why the OP was allowed to come to the US, yes, there was some paperwork between them.

    My understanding of the H1B is if the worker wants to change employers, they must apply for a new visa for the new employer.
  • 01-28-2011, 08:37 AM
    T53147
    Re: Threated to Be Sued for Salary
    I am sure as well. OP continues to maintain that he has signed nothing. It will be very difficult for an attorney to advise him properly regarding his original question without the documentation.

    I suspect that his situation is such that the original threat of legal action is just a scare tactic, but there is no way to be sure.
  • 01-28-2011, 09:32 AM
    Mr. Knowitall
    Re: Threated to Be Sued for Salary
    I expect that the "nothing" here means, "Nothing except immigration forms." Nothing in an immigration form would create an obligation to pay money to a former employer. If he doesn't recall signing anything and has nothing in his records but his immigration documents, he has nothing to show to a lawyer.
  • 01-28-2011, 10:44 AM
    anant
    Re: Threated to Be Sued for Salary
    I have signed a W 4 form and i 9 form but i didnt signed any contract or a offer letter which says this is my salary and i cant leave this company prior a year or i can not join client. i was told not to write date on those forms (W4 & I9) too when i was signing them. i really dont know why. i have emails to prove that thing.
  • 01-28-2011, 12:37 PM
    jk
    Re: Threated to Be Sued for Salary
    I don't know if I missed it or you didn't say but if you do not receive your pay, contact the state's department of labor and file a claim for unpaid wages. To the threat of a suit; I guess only your employer knows what that is about. You'll have to wait until either he tells you what it is about or sues you.
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