Nonpayment of Wages

I'm a non immigrant worker(on H1-B work permit).I worked for a company based in Tampa,Florida.In March 2005,I decided to quit, by giving 2 weeksí notice period(as per policy).The company pays wages on a delayed bi weekly basis. I have all the pay stubs up until the pay period I sent my resignation (via email).However, theyíve not paid me for the subsequent 2 pay periods. Verbally, they're refusing to pay me because I quit the company.Also,I learnt that they've mentioned my wages substantially lower,in my immigration petition,than what is mentioned in my offer letter and my paystubs.I'd like to receive my wages(for 4 weeks, in all).What is the suggested course of action, that I take? Which state/federal government agency should I file my complaint with? I have not signed any kind of legal agreement with the company except the acceptance of their offer letter.

1 answer  |  asked Apr 6, 2005 4:46 PM [EST]  |  applies to Illinois

Answers (1)

Alejandro Caffarelli
Several Resources

As for the failure to pay the prevailing wage, you need to file a charge with the federal Department of Labor www.dol.gov, and let them know that the Company failed to pay the prevailing wage required by the Labor Condition Application filed with your H1B. As an H1B, the company also must pay your travel expenses to return to your home country. Let the DOL know that as well. As for the failure to pay the last couple of weeks, you need to file with the Illinois Deparment of Labor under the Illinois Wage Payment and Collection Act.

posted by Alejandro Caffarelli  |  Apr 7, 2005 4:32 PM [EST]

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