What to do if let go and feel like employer has not followed procedure?

Hi MEL,

I am on an H-1B visa and in March 2016, I was let go from my job where I had been employed, for almost three and a half years. Firstly, the company informed me they would not be renewing my visa because of many issues within the workplace such as eliminating the division which I managed. They did mention to me that there would be no timeframe from them and that I could find a job before "calling it quits". They mentioned not to discuss with anyone else in the office in fear of "office gossip", but the following week, everyone in the office knew about it because my boss had told everyone. I felt victimised by this and embarrassed at work. I went to talk to my boss about this, and it was then and there that he mentioned to "call it quits" on the spot. We agreed on two weeks of severance pay, which I asked for four, seeing as I was blindsided by this on-the-spot termination. He disagreed and said he could only give me two weeks of severance. Without causing a fuss, I agreed - verbally. Two weeks later, I received my severance paycheck, but it was only for one week. When I asked my employer about it, they went back on their word and said they only agreed to one week. What can I do? I do not have it in writing that it was agreed upon that there would be two weeks of severance paid. Not only this, but I was not properly terminated on a "bona fide termination", as I did not receive formal notice of termination (which makes clear that there is no way I could have even receive a formal written agreement regarding severance), they did not inform USCIS, and did not offer to pay for my transport back to my home country. On top of this, I am still owed my commission (I work in sales). Only this month, the employer reached out to inform me that my commission was ready. Upon reviewing the commission numbers, I noticed that it was less than what it should have been. Some sales were cancelled after my "termination", but some sales they are now holding back from me because they had to provide discounts to customers - again, after my "termination". Should these discounts not be reflected on the numbers based upon the day of my "termination"? I am desperately seeking advice as I have made a claim in small claims court and my court date is on August 18. Please urgently help! The best way to contact me is either by calling or emailing me.

Thank you. Any help would be much appreciated!

Best,
Tiffany Low
+13478963530

0 answers  |  asked Aug 9, 2016 5:15 PM [EST]  |  applies to New York

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