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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Salary Increased On H1B To Profit Share Which Was Not Mentioned In Documents

    My question involves workers compensation law for the state of:

    Hi, My employer offered me an intial Salary of 65 K in H1B LCA. After completing 6 months, they increased my salary to profit sharing on billing rate per hour. my billing rate is 80 $ per hour. so he offered me he will pay, 80% of the billing ,which comes to 64 $ per hr.
    But in the paystub , he is giving only 65K per annum. the difference amount paying by seperate checks. He paid for 6 months and then I got a new job offer and moving to different company. now he is not willing to pay the rest of the amount due. I have proof of the checks he given for last 6 months.

    Can i do some thing legally to get my money back with check proofs . because, they didn;t given any written proof for the salary increase.

    Any inputs in this regards will be highly appreciated.

    Many Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Salary Increased On H1B To Profit Share Which Was Not Mentioned In Documents

    It sounds like this was being paid as some sort of bonus. You can see if the state department of labor will accept a wage complaint over it under the laws of your undisclosed state, or you can file a lawsuit for money owed to you.

  3. #3
    Join Date
    May 2008
    Posts
    2

    Default Re: Salary Increased On H1B To Profit Share Which Was Not Mentioned In Documents

    Hi, Thanks alot for the quick response.

    My state of employment is WA. My employer tried to be safe and legal from his end. He is paying monthly through paystub whatever pay mentioned in LCA. But when the salary increase as part of hike, he is paying as seperate check (that check is on company name) by keeping 2 months amount on hold. I mean January amount will be paid in March end. So at any given moment they will have 2 months due to me.
    and they didn;t gave me any written letter to mention the salary hike.
    The only proof I have is the checks they gave me. If I file a lawsuit, Can these checks be used as proof.

    Thanks once again.

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