Employer-employee relationship

[mgana]

Hi,

I am on H1B through a consultant. Please let me know if the employer-employee relationship exists or not due to the following:

1) No pay or payslips (no project)
2) No joining form filled on arrival from India
3) No accomodation provided
4) No expenses, reimbursements
5) No company id card

Also, I signed the offer letter outside the US and sent them a scanned copy. I beleive the terms are invalida as the document needs to be signed in the US.

They had put restrictive clauses with money to be paid to them if I leave before x months.

I think they need to prove that I worked for them for any of the terms to be valid. Am I correct?

Thanks,

M

[txh1b]

Benching without pay is illegal. You have a employee-employer relationship if you reported or made yourself available to work.

Search for WH4 form and complain to get paid. It is important to avoid future problems.

Contracts need not be signed inside US to be valid. However, that issue is secondary and you need to get paid. Accomodations and such perks are not required to be provided by law.

[mgana]

Percentage

Hi,

Can i expect to be paid even if the offer was on percentage sharing?
How do I prove that I made myself available to work as you say?

Thanks,

M

Benching without pay is illegal. You have a employee-employer relationship if you reported or made yourself available to work.

Search for WH4 form and complain to get paid. It is important to avoid future problems.

Contracts need not be signed inside US to be valid. However, that issue is secondary and you need to get paid. Accomodations and such perks are not required to be provided by law.

[txh1b]

There is no expectation. It is the LAW!!! They need to pay at least the amount mentioned on your LCA. Otherwise, you have lost your status.