Final Paycheck Issue & False Summons from my previous Employer

[sumantha]

My H1b was processed by my company, Inc and was offered a package at 40$ per hour initially when signed the offer from India, without any other benefits. After coming to USA, my company changed the offer to full time benefited employee, with 2 weeks of vacation and fixed salary of 80000$ PA. Even though I reported to them on Sep 12, my company started paying me from Oct 16 . As per my LCA, a labor was filed for NY office. On arrival there was not projects at my company office and was asked to take up the assignment at COMPANY A, for which only 1 week of accommodation (not reimbursed) and to flight ticket was provided by my company HR. After 5 weeks (on Nov 22nd) of work COMPANY A project got terminated abruptly and came back to NJ, my company office, where I was working for my company and attending client interview (as it was year end things were slow) with COMPANY B and my next assignment with Client COMPANY B started from Feb 17 and was with my company till June 6th. I also gave 2 weeks of notice and but my company did not process my last 5 weeks of salary even after repeated follow-up. My company was stating I have to pay them showing the period between the COMPANY A project and COMPANY B project as PTO – paid time off, where in I was not on any vacations. My company processed the salary since I was a fulltime employee, and now they are stating that due to accounting system error the salary got processed and they are PTO. I reported the same to Department of Labor where the investigation is started. Post that my company has issued a summons to me stating the same.

I have all the proof like the Offer letter, Benefitted employee offer letter and Employment verification letters stating I was a fulltime employee and all other record. Attached the summons and offer letter.

We are new to this country and your assistance is appreciated.