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aquarianf 04-25-2008 11:39 AM

Quote:

Originally Posted by Omm (Post 242653)
It high time that these guys get kicked on what ever, I have seen so many of my friends frustated due to non payment and get scarred to do anything against it..... I appreciate your courage , If they do bussiness and employ people they should legally pay, So many poeple come from India with kids and family and suffer so much when they are not getting paid on bench...I can only sympathise with their situation , Shame on such bussiness...BLOOD SUCKERS, MANIACS . I would say USCIS should create a law to punish these blood sucking monsters.
Training, H1b ...etc takes money ...so what he not stupid(desi employer) to do it for free , He makes altleast 10 times of what he spends in just 6 months when the candidate is on project.

I am sure I am going to get a lot of negative feedback for posting this in from ...so hiding desi employers

I agree with some of your points but you are not helping on anything here by appreciating OP's courage. If OP gets into law suite and if it requires lots of money would you be willing to donate some money to fight law suite because it will not only help OP but it will scare such shameless employer that there people out there in community who are willing to help if they do something wrong with employees.

I agree with you that such employer should be punished but it is more important to create awareness about their practice specially among people who just come from India and then get into trap of such employers. But many people do so even after knowing the facts about desi employers. Every thing has risks and rewards, and many people know risks but they get into it for rewards.

It seems that INS is very serious about holding back wages issue I think first thing people do is to file complaint with INS. See my previous post on this.

kg318 04-25-2008 11:44 AM

[quote=aquarianf;242737]
Quote:

Originally Posted by kg318 (Post 242627)

Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.


the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.

Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.

vinabath 04-25-2008 11:54 AM

good luck with your effort. I hope it resolves smoothly. I think the employer will budge once he sees the notice from the attorney.

sometimes the employer needs to be pushed too.

NKR 04-25-2008 12:16 PM

Quote:

Originally Posted by kg318 (Post 242747)
the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.

Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.
.


Dude, I do not know who has given you red dot, you certainly deserve more green dots. I too think the same, if the company had to sue you for violating non-compete, they could have done it anytime, why are they threatening you when you ask for your salary. Either they do not have a non-compete agreement that they say you have signed (since you are not sure about it) or the non-compete has become invalid over a period of time or it does not hold water.

vinabath 04-25-2008 12:42 PM

Quote:

Originally Posted by NKR (Post 242756)
Dude, I do not know who has given you red dot, you certainly deserve more green dots.

LOL. You will shocked the abuses I got through red dots. Sometimes I feel this forum has bunch of angry or bitter people because of their experiences related to employment , immigration etc.

dba9ioracle 04-25-2008 12:50 PM

Employers
 
Most of the desi employers in this country have gone thru the same H1B and GC process and got all bad experience. BUT when they start their own company, MOST OF THEM (NOT ALL OF THEM) do the same..... Employer should treat employees, the same way they are expecting to be treated as an employee.. In a long run, Employers with good ethics and practices makes more money and reputation.. The releationship goes longer only if employer and employee both benefits from it.. Isn't it simple to understand and put it into the practice ?

kg318 04-25-2008 01:57 PM

Quote:

Originally Posted by NKR (Post 242756)
Dude, I do not know who has given you red dot, you certainly deserve more green dots.



hey till now i haven't noticed about this reddot until u said. who gives it and how???? i dont have any idea as i am new to this foum.. and how can anyone give points for reputation.

NKR 04-25-2008 02:08 PM

Quote:

Originally Posted by kg318 (Post 242811)
hey till now i haven't noticed about this reddot until u said. who gives it and how???? i dont have any idea as i am new to this foum.. and how can anyone give points for reputation.

I do not know how to give red dots since I do not give any. To give green you have to click on the icon above the post for which you are giving a green dot. I just gave you one.

kg318 04-25-2008 02:18 PM

Quote:

Originally Posted by NKR (Post 242820)
I do not know how to give red dots since I do not give any. To give green you have to click on the icon above the post for which you are giving a green dot. I just gave you one.

Thanks a lot man.

gcbikari 04-25-2008 02:50 PM

[quote=kg318;242627]
Quote:

Originally Posted by gcbikari (Post 242385)
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE

as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.

Thats good news. I think the attorney I met represents more of employers and so very reluctant on mine. I believe I still have hopes, I will look for a good attorney again to get mine reviewed.

pd_recapturing 04-25-2008 04:41 PM

I was just wondering that how come only desi employers are branded as "blood sucking manicas" etc etc ..? Doesn't there exist same kind of breed from other nationalities ? if not, then question is why we desis are like that ? any idea ?

MightyIndian 04-25-2008 06:44 PM

Quote:

Originally Posted by pd_recapturing (Post 242896)
I was just wondering that how come only desi employers are branded as "blood sucking manicas" etc etc ..? Doesn't there exist same kind of breed from other nationalities ? if not, then question is why we desis are like that ? any idea ?

All the desi employers I ran into or my friends ran into turned out to be blood suckers. before that I was employed by an american company for 6 years and I had no complaint whatsoever.

I think most of us desis consider other desis to be inferior and treat them so.

kshitijnt 04-25-2008 09:26 PM

Quote:

Originally Posted by MightyIndian (Post 242938)
All the desi employers I ran into or my friends ran into turned out to be blood suckers. before that I was employed by an american company for 6 years and I had no complaint whatsoever.

I think most of us desis consider other desis to be inferior and treat them so.


Atleast your DESI employers start GC early maybe after 6 months. Most american employers dont even start GC until you are in 5th year of H1. Employers are employers, they dont come with nationalities on their forehead. There are so many american companies who have filed bankruptcy when a large payment was pending and your desi employer attempted to recover it.

NKR 04-25-2008 09:28 PM

Quote:

Originally Posted by kshitijnt (Post 242994)
Atleast your DESI employers start GC early maybe after 6 months. Most american employers dont even start GC until you are in 5th year of H1. Employers are employers, they dont come with nationalities on their forehead. There are so many american companies who have filed bankruptcy when a large payment was pending and your desi employer attempted to recover it.


Yes, he will recover it and say that he never got paid so he can keep all that to himself.

cool_desi_gc 04-26-2008 10:29 AM

Clause and Lessons learnt
 
Lets not get sucked into it..

1) If there is a clause that you cannot join thier client directly, then it has to respected.These clauses are valid in court.

2) What is there in the agreement if you join their client ? There should be a penality specified in the agreement if the clause in broken.

Lessons learnt

1) Why the hell did you sign the agreement without looking at these clauses ?

2) Why din't you have a copy of the agreement with you ?

I have seen many companies having a similar clause.There are some American companies as well that have similar clauses that you cannot join their clients within X months after employement termination.Generally you can work these things out with your employer and join the client if you leave with good terms.

But he cannot withhold your salary regardless.Thats against the law.They can penalize you but cannot withhold your salary.


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