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  #31 (permalink)  
Old 07-02-2008, 04:50 PM
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Originally Posted by chanduv23 View Post
What exactly happens to them?
Are they under a watch list?
Many employers will open up a new company and operate?
Maybe employers are ready to deal with this ????
I am not sure what happened to them. I just saw the list.

Yes many employer will open a new company but given a choice to follow the law or open a new company and start from scratch; I am sure most will follow the law. Also how many new companies will they open. If everybody files a complaint every time someone is exploited the employer will have to either stop exploiting or stop doing business.

Just because your employer is willing to steal your money does not mean you let them do it. Just because a person is ready to make you a slave does not mean you should become a slave. Let them do what they want to do, we all should do what is right and what we have to do.
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  #32 (permalink)  
Old 07-02-2008, 04:53 PM
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Originally Posted by chanduv23 View Post
Were they affected by your complaint? I guess they know and are ready to face these things.
No disrespect but your signature is "The first step in fighting injustice, is to make it visible" - Mahatma Gandhi
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  #33 (permalink)  
Old 07-02-2008, 04:56 PM
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Originally Posted by Humhongekamyab View Post
I am not sure what happened to them. I just saw the list.

Yes many employer will open a new company but given a choice to follow the law or open a new company and start from scratch; I am sure most will follow the law. Also how many new companies will they open. If everybody files a complaint every time someone is exploited the employer will have to either stop exploiting or stop doing business.

Just because your employer is willing to steal your money does not mean you let them do it. Just because a person is ready to make you a slave does not mean you should become a slave. Let them do what they want to do, we all should do what is right and what we have to do.
I am not contradicting you but just guaging the effect on employers. I aggree that if complaints keep pouring in, the equation changes. But as of now, I see only a few employers on that website and they have just been barred for few years
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  #34 (permalink)  
Old 07-02-2008, 04:57 PM
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Originally Posted by Humhongekamyab View Post
No disrespect but your signature is "The first step in fighting injustice, is to make it visible" - Mahatma Gandhi
I am not discouraging pople but aasking them to stand up. Only trying to gauge the leveel att which companies are affected.
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  #35 (permalink)  
Old 07-02-2008, 05:00 PM
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Originally Posted by chanduv23 View Post
I am not contradicting you but just guaging the effect on employers. I aggree that if complaints keep pouring in, the equation changes. But as of now, I see only a few employers on that website and they have just been barred for few years
Sorry for jumping the gun; it sounded like a contradiction. My bad.

If you look at the ICE's public releases you will see they start investigating a case months before they announce their conclusions. I know in some cases the employers will be able to get away with small fines but we should not let this stop us.
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  #36 (permalink)  
Old 07-02-2008, 05:06 PM
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Originally Posted by Humhongekamyab View Post
Sorry for jumping the gun; it sounded like a contradiction. My bad.

If you look at the ICE's public releases you will see they start investigating a case months before they announce their conclusions. I know in some cases the employers will be able to get away with small fines but we should not let this stop us.
I agree. There haas to be a start. Like how Obama has promised he will make corporate CEOs accountable for the mess they create and move on, we must also jump start the community towards cleansing the system.

The CEO level corruption, if held accountable, we will see less of layoffs etc.. and we can see the good old days permanant jobs that are "really" permanant
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  #37 (permalink)  
Old 07-02-2008, 05:08 PM
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Originally Posted by chanduv23 View Post
I am not discouraging pople but aasking them to stand up. Only trying to gauge the leveel att which companies are affected.
I don't think DOL is very efficient in updating their list. Here is what I found through a google search http://www.usdoj.gov/eoir/vll/intdec/vol24/3580.pdf
http://www.usdoj.gov/usao/txs/releas...0214-Huang.htm
http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf

I think out of these three only one is mentioned in the list.

Edit: Another one not in the list http://www.oalj.dol.gov/PUBLIC/INA/D...A/03LCA14A.HTM

http://www.oalj.dol.gov/PUBLIC/INA/D...A/03LCA10A.HTM


Sorry the list is endless:

http://www.visaportal.com/page.asp?page_id=175

Last edited by Humhongekamyab; 07-02-2008 at 05:18 PM.
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  #38 (permalink)  
Old 07-02-2008, 05:22 PM
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Default Wage And Hour Collects A Record $220 Million In Back Wages For Over 341,000 Employees

It works:

Just in FY 2007 they collected $220 million

http://www.dol.gov/esa/whd/statistics/200712.htm
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  #39 (permalink)  
Old 07-02-2008, 05:41 PM
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If any employer is minting too much and troubling a lot, make all necessary advances that one can physically produce, in such case once the person is approved with good status of Green Card one can sue the employer, that would be the right time to bring him to justice.
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  #40 (permalink)  
Old 07-02-2008, 05:45 PM
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Originally Posted by laksmi View Post
If any employer is minting too much and troubling a lot, make all necessary advances that one can physically produce, in such case once the person is approved with good status of Green Card one can sue the employer, that would be the right time to bring him to justice.
Yes but do note you do not have endless time to file a complaint. I don't know how many months you have to file a complaint after leaving your job but I know for sure there is a time limit.

Also I do not agree with your statement "minting too much". I don't think the complaint should be filed just because you are not happy with your employer or because employer made 'minted' money. Just because somebody made lot of money on you should not be a reason to harass the employer; this way we will be no better than the evil employers. If somebody thinks that the employer is going to make 'mint' money then s/he should not take the job in the first place.

Last edited by Humhongekamyab; 07-02-2008 at 05:54 PM.
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  #41 (permalink)  
Old 07-02-2008, 05:50 PM
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USCIS should produce a rule saying that if they are x number of employees, then all the employees should have a company email id as mandatory, In that case they will be no issue at all, every thing will be clear and accurate to one and all in the company with any issue.
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  #42 (permalink)  
Old 07-02-2008, 06:35 PM
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Default This is the procedure to recover money from ur employers

I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
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  #43 (permalink)  
Old 07-02-2008, 06:53 PM
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Humhongekamyab is a name known to all Humhongekamyab is a name known to all Humhongekamyab is a name known to all Humhongekamyab is a name known to all Humhongekamyab is a name known to all Humhongekamyab is a name known to all
Default

Quote:
Originally Posted by dotnetguru View Post
I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
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  #44 (permalink)  
Old 07-02-2008, 06:58 PM
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We all will have to work to make the injustice visible; only then will the employers start behaving.

We all remember there used to be a IV voice member who used to leave abusive comments to everybody. Once we all made a hue and cry about this Pappu took action against him by disclosing his identity and since that day we have not seen any complaints by members.
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  #45 (permalink)  
Old 07-02-2008, 07:43 PM
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Default Time limit of filing a complaint with DOL

[quote=Humhongekamyab;259652]
Yes but do note you do not have endless time to file a complaint. I don't know how many months you have to file a complaint after leaving your job but I know for sure there is a time limit.
QUOTE]

I think its 3 years from the event, that you have to file a complaint. If its past 3 years, you cannot file the complaint. The event may be such as you left the employer and your employer withheld your last paycheck(very common issue with desi consultants) in the name of covering your H1 expenses etc.

Last edited by whiteStallion; 07-02-2008 at 07:54 PM.
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