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  1. #1
    Join Date
    May 2012
    Posts
    1

    Default Company Hired Worker Without Proper Visa, Borrowed Money and Didn't Repay

    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 didn’t 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 wouldn’t 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 couldn’t 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 didn’t 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 Ellis’ account. He is one of the
    suppliers of the company so I thought it wasn’t 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
    the money.

    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 didn’t 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. I’ve 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. I’m 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 wasn’t doing well and that
    they may receive it by the end of the month.

    17. It’s been 5 months since I left the company and they haven’t even
    pay me a month’s work. After three months and a half they paid me just
    half of it and I’m still waiting the other one. I don’t 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 haven’t
    paid a sum under three thousand dollars in more than five months, so I’m
    afraid they won’t pay me back the ten thousand dollars I lent them. I
    just want to fix this situation before it’s 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

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can I Sue This Company if I Go to United State

    I'm sorry - but it sounds sure as heck that you've been scammed.

    1. Yes, you sure can.

    2. Since you were working illegally before, it may be an issue with you trying to reenter now without the correct papers; collecting a lawsuit judgment might be the least of your worries.

    3. I think you were scammed.

    4. I think you were scammed.

    No reputable company would hire a worker who didn't have permission to work in the US legally. Nor is it normal for reputable employers to suddenly need to "borrow" large amounts of cash from their employers.

    I'm sorry - but I think you'd be fighting a losing battle and it may cost you even more in the long run.

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