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Final settlement pending from employer - more than 2.5 years now

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  • Final settlement pending from employer - more than 2.5 years now

    Hi Sir,

    I want to know what is the way ahead for me - I will explain my situation and please let me know the options in front of me:

    -I was an employee of a company and was promised of payment of 75% of my billed rate / hour with the client.
    -I was also told that I would be paid a standard yearly salary and the rest would be paid as a bonus - this was never paid. The amount paid as per the payslips was way less than the 75% of the billed amount.
    -After resigning from the company and after repeated follow-up's for more than 2 years now, the employer shared a sheet showing my billed hours and wage rate and what he says is due to me.
    -I was able to find so many flaws in the sheet that he sent to me and he is now not responding on my queries.
    -On top of this I am being asked for H1 processing fees for me and my dependents.
    -So much of money being deducted as "other deductions" every month from my 75% - that money that he owes me.
    -I have over 100 emails that I have followed up with him over the last 3 years on the subject, most of them showing no response.
    -With his attitude of non-responsiveness continuing, I very much feel that he will not be settling my money that I need to be paid for.

    Now, with the above being said, what are the options in front of me for justice.

    Please let me know.

    Regards,
    K.Diwakar

  • #2
    when was the last day worked? (you often have limited time to file a wage claim and you may be past that period)
    Federally --> The FLSA contains a two-year statute of limitations (three-years for willful violations). This means that any part of a back wage claim which was earned more than two years before a federal court lawsuit is filed may not be collectible. To ensure we can complete our investigation before the statute of limitation expires, employees should file complaints with WHD as soon as possible.

    What state was the work performed in? (state laws differ and might have different time limitations) This is in the USA, correct?

    what documentation do you have as to how the 75% would be calculated? What other deductions is he charging?

    You need to consider that some settlement may be worth no settlement if you are past the point of being able to file a claim/lawsuit.

    Comment


    • #3
      Hi Sir,

      Thank you for the response - I have given the answers to the question that you have asked.
      My other curiosity is how can I make him reply to my emails - I see the timeline for filing the official case - but is this a hardline, and no other way to make him accountable?
      If this is a small amount, I would just leave it, but willfully he is not responding for so long.



      Originally posted by hr for me View Post
      when was the last day worked? (--> July 16, 2014) (you often have limited time to file a wage claim and you may be past that period)
      Federally --> The FLSA contains a two-year statute of limitations (three-years for willful violations). This means that any part of a back wage claim which was earned more than two years before a federal court lawsuit is filed may not be collectible. To ensure we can complete our investigation before the statute of limitation expires, employees should file complaints with WHD as soon as possible.

      What state was the work performed in? ( New Hampshire )(state laws differ and might have different time limitations) This is in the USA, correct? in the state of New Hampshire - I was working at the client's work place

      what documentation do you have as to how the 75% would be calculated? What other deductions is he charging? --> The only proof/documentation that I have is his excel sheet that he sent it from his official email. I dont see any other deductions on the payslip, but on the excel sheet that he circulated.

      You need to consider that some settlement may be worth no settlement if you are past the point of being able to file a claim/lawsuit.

      Comment


      • #4
        looks like you might be in luck as NH has a 3 year statute of limitations -- see website and information below. But I don't know if they will enforce claims for anything beyond minimum wage and overtime (and I suspect you were paid much more than that already). But it couldn't hurt to check with them. They may just tell you to file a lawsuit...

        http://www.workplacefairness.org/wage-hour-claim-NH

        What are my time deadlines?

        Do not delay in contacting the New Hampshire Department of Labor, either by filling out a wage claim form or contacting them for more information. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Department of Labor to act on your behalf, you must file your wage claim within 36 months (three years). However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. However, if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the New Hampshire Department of Labor.

        How can I or my attorney pursue a claim in court in New Hampshire?

        If you wish, it is possible, instead of filing a wage claim with the state Department of Labor, to sue for wages that your employer owes you. You can sue in any court of competent jurisdiction in the state (state court is the most obvious place if this is your only claim). As with the Department of Labor, the court can grant you the wages you are owed, additional damages, costs, and attorneys' fees. The statute of limitations appears to be three years for such a claim. While it is recommended that you find a lawyer before proceeding in state court, you can do so on your own as well. See http://www.nh.gov/judiciary/sitewide...F%20IN%20COURT.....

        You can contact the New Hampshire Department of Labor at (603) 271-3176 or by filling out an online contact form available at http://www.labor.state.nh.us/contact_NHDOL.asp?ptype. The Department's website, which contains more information about wage-and-hour laws, can be found at www.labor.state.nh.us.

        Comment


        • #5
          Hello Sir,

          Thank you very much for your assistance here.
          I will get back to you for any further clarifications.

          Regards,
          K.Diwakar


          Originally posted by hr for me View Post
          looks like you might be in luck as NH has a 3 year statute of limitations -- see website and information below. But I don't know if they will enforce claims for anything beyond minimum wage and overtime (and I suspect you were paid much more than that already). But it couldn't hurt to check with them. They may just tell you to file a lawsuit...

          http://www.workplacefairness.org/wage-hour-claim-NH

          What are my time deadlines?

          Do not delay in contacting the New Hampshire Department of Labor, either by filling out a wage claim form or contacting them for more information. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Department of Labor to act on your behalf, you must file your wage claim within 36 months (three years). However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. However, if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the New Hampshire Department of Labor.

          How can I or my attorney pursue a claim in court in New Hampshire?

          If you wish, it is possible, instead of filing a wage claim with the state Department of Labor, to sue for wages that your employer owes you. You can sue in any court of competent jurisdiction in the state (state court is the most obvious place if this is your only claim). As with the Department of Labor, the court can grant you the wages you are owed, additional damages, costs, and attorneys' fees. The statute of limitations appears to be three years for such a claim. While it is recommended that you find a lawyer before proceeding in state court, you can do so on your own as well. See http://www.nh.gov/judiciary/sitewide...F%20IN%20COURT.....

          You can contact the New Hampshire Department of Labor at (603) 271-3176 or by filling out an online contact form available at http://www.labor.state.nh.us/contact_NHDOL.asp?ptype. The Department's website, which contains more information about wage-and-hour laws, can be found at www.labor.state.nh.us.

          Comment

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