Desi Consultant wants to sue---urgent help please

[aceraspire]

Hi i was working in XYZ company through ABC employer and i change my empoyer (PQR) and working in same XYZ so i broke the non compete agreement.

Reasons were :
He never pay me on time atleast take 45 days to pay me each month no increament.

XYZ asked me to join PQR else yours contract is over.

So now i have joiined XYZ and they have initiated my H1 Transfer but my emplyer is keep on threatning me that he will sue me and drag me to the court and also still he owes me two months pay (almost 10 Grands) and when i ask him what about my pay he is asying that he dont owe me anything as my Labour petition was filled at 50K which is already paid.... but i have pay stubs which shows that i have worked how many hrs. will that be helpful.

and also i have asked him to send me the copy of contract he is not sending me that also, the contract was on plain Paper ( like Print out)

is that type on contract legal which is not Notarized.
and also he never send me the signed copy or copy he just kept that with him, and he dont have any Acknowledgment that i got that copy (as he never give that to me)

what can i do know please advice and will he seriously do something...

Please Help

waitting for response eagerly.

[orion]

Tell them you will be complaining to DoL soon and most importantly do that soon on a WH4 form.

[immihelp]

If you have signed a contract, that is valid and they can enforce that. In US, for contract to be valid, it does not to have to be notarized and there is no concept of stamp paper.

Irrespective of that, they have to still pay you your wages.

You could do several things:
1. File a complaint with your state's workforce commission. Those people just work for employees and will be your "lawyer" for free in getting you paid.
2. File a complaint with Department of Labor https://www.immihelp.com/h1b-visa-em...int-procedure/
3. Post your experience at http://www.immihelp.com/h1b-sponsori...nies-database/

However, you would still be liable for the terms of the contract. Even if you don't have copy, you would know what you signed.

[aceraspire]

Desi Consultant wants to sue---urgent help please

Thanks a lot guys for yours response.

Orion i have already told him that i will go to DOL, you owe me my pay he is saying on labour petition it 50K and i have already paid that so now i dont owe you anything.

Is that true ( i have approved time sheet which shows i work and he dint pay me)

and also he is not sending me the contract... should i wait for his action or should i complain or go to attorney.

He owes me money and still he is bothering me whyyy

Please help

Thanks

[immihelp]

You have to get paid at whatever your wage rate that was agreed between you and your employer, for the entire time you worked.

I don't understand your statement "Labor petition was 50K". What do you mean? If it was 50K/year, and you mutually agreed for 60k/year, and you worked for 2 years, you get 120k total.

[aceraspire]

Desi Consultant wants to sue---urgent help please

I mean to say that when he file the paper for LCA ( Labour) he mentioned my Salary as 50K/year and every month i was working overtime, i have been working with him for complete one year in 10 months he might have paid me 52k but still he owes me 2 months pay which he is saying that he will not pay me.

I have a Document on his company letter head and signed by him which says that i am his full time employee from so and so date and at 66k/year ($33/hour). this Doc he gave it to me when i was going for H1 Stamping.

can he do that or can i fight for my two months pay.

Thanks

[immihelp]

If you worked for a year and your salary was $66k/year, he has to pay you $66k.

[aceraspire]

Desi Consultant wants to sue---urgent help please

Senior members or the one who have faced this situatuon please give me some suggetions.

Thanks a Ton in Advance.

[aceraspire]

Please Give Suggestions... what can i do in this case. thanks

[orion]

Did not you already get suggeestion from admin?

[Jash]

I need HELP PLZZ someone help... I would really really appreciate it.

I am a US citizen and I got my training from Desi consultancy. They made me sign a contract with them to stay with them for 1 year. They found me 2 jobs with company A and company B. I took the job with Company A because they offered me the job first and after 2 months company B vendor came to me so I cut my employer off from the middle. Now I am working with Company B. However, desi consultancy sued me and sent me a summons along with a letter that they sued me and I need to write a letter to the court. If I ignore the summons, it will be default judgement. Which mean they will give me a settlements to pay.

Is this letter even real?
Is there anything I can do to get away from this non-sense?

Please someone HELP I would really appreciate it.


Thank you in advance...

[Noty]

Non Compute

Hi all my friend
Do not worry, if you have joined the same customer for which your desi employer has placed.I did the same thing and My employer(Blood Sucker) tried to send me threating email that he will take me to court and Sue for Non compete agreement.Which I signed.Every day he used to sent mail and used to call me.I was really pissed off and i hired a lawyer,instead he Sued me I sued him.I took them to the court.Then he tried to settle me for less anount.But i did not agree.I had decided to go back to India,If i lost the case.I spend aroundd $4000 for case and after one hearing consultancy company tried every method to settle the things.First they are asking for 30% of my annual salary.But in the end he wants to settle But as I had deciced to teach them lessonIn the end I won the case,the consulting company has to pay me around $25000 + legal processing.So my friends do not worry about non compute the Judge decided it is not matter of Non Compete.One think do not take any mail backup and written matterial from the consultancy company and give 2 week notice before leaving amd send good bye mail before quiting.You can send me query, if you need any clarification.Be bold and stand against these bloody suckers.As we emplyee and not sharing their trade secerts,their clients list so non comptete and non complience does not stand against consultants.

I am a US citizen and I got my training from Desi consultancy. They made me sign a contract with them to stay with them for 1 year. They found me 2 jobs with company A and company B. I took the job with Company A because they offered me the job first and after 2 months company B vendor came to me so I cut my employer off from the middle. Now I am working with Company B. However, desi consultancy sued me and sent me a summons along with a letter that they sued me and I need to write a letter to the court. If I ignore the summons, it will be default judgement. Which mean they will give me a settlements to pay.

Is this letter even real?
Is there anything I can do to get away from this non-sense?

Please someone HELP I would really appreciate it.


Thank you in advance...