Former employer not paying backwages...

[mishag]

I am in trouble with my former H1b employer. Please suggest the right step to take.
Here is my story:



My former employer is not paying me back wages and making my GC as the reason.

My previous employer, XYZ filed for my H1b in 2011 and it was valid till 2013.
I started working at client site ABC with XYZ.I had one year non-compete contract with XYZ which I followed. After about 1 and ½ yrs, client ABC offered me position the same time I received green card
(not through XYZ or ABC) which voided my H1B.
So I notified XYZ about GC & sent formal resignation with 1000 thanks to him.
And started working with ABC on GC.
At that point I had about 2 salaries pending with XYZ.

XYZ had processed payroll for first salary and I had received the pay slip for the same, but no payment was made. For second & very last salary, he didnot even run the payroll.

After some follow-ups, he XYZ responded by email saying he deposited the pending salaries into my account. I was shocked to see small amount mentioned in email.
I realized it is very last salary cycle’s amount (for which he didnot run payroll).
I had assumed it’s all mistake.

When I asked about previous salary, he informed me that rest of the pending amount was deducted towards 'H1b fees’. I reminded him that we never had any such discussions.

Now trick he was keeping for last, that hidden clause from agreement:
if employee terminates this agreement with/without the stipulated notice as above prior to the expiration of the work authorization if sponsored by the employer; employer has the right to recover the amounts spent toward processing of work authorization including attorney fee, documentation fee, etc.

Please note that he said:- expiration of work authorization sponsored by them

His explanation: My H1b(sponsored by them) was valid till 2013 and I am early terminating it for the reasons of GC etc, so I am liable to pay him the fees but instead of charging me, he is deducting from salary.

Now, I believe is that my work authorization/H1b sponsored by him was already voided or expired/cancelled when I received by green card. H1b cannot even go on till 2013.

So this clause should not apply to me and I am fully entitled to my money.
As per his statement, I just spent just xxx months out of full 3 yrs of H1b with them. My H1b would have been valid till 2013 if I had not gotten GC.

I wasn’t sure where else to go with this concern, so I am reaching out to this forum to suggest me the right way.

Also please note-
He ran payroll but dint deposit money.
For the last pay-cycle, he dint even run the payrol
I have all the emails/documents proof with me.
Do I have any bright chances of getting my money out of him? Though it is small amount of money, but I am ready to spend more than that, I have to.

[vroni]

Now trick he was keeping for last, that hidden clause from agreement:
if employee terminates this agreement with/without the stipulated notice as above prior to the expiration of the work authorization if sponsored by the employer; employer has the right to recover the amounts spent toward processing of work authorization including attorney fee, documentation fee, etc.

I understand this clause as follows: if you terminate your contract early, that is, before the expiration of the work authorization sponsored by the employer (=2013), then you have to reimburse the employer for the money he spend for the work authorization.

for me it does not sound like it is relevant that you got a GC in between.

these are fairly common clauses. that if you terminate before a pre-defined time you have to reimburse for location expenses and so on.

to be sure, ask a lawyer.