Last paycheck - offer letter issue

[gizmo]

Hi,

I am software consultant on H1. My previous employer in NJ had given me an offer letter of amount "A" per annum. But, I was paid on hourly basis and it amounted to "B", which is greater than "A".

Now that I have left him he is not releasing my last paycheck, saying that he has already paid me much more than the promised amount "A" (which is in my offer letter); and that there is no document showing that I should get amount "B".

But, all my previous paystubs clearly carries my hourly rate. And, I have all the signed timesheets and a clean relieving letter from our client.

Is my employer legal? Can I file a case with NJ state labor department and/or Best Business Practice?

Please help me.

sincerely,
-G

[LConnell]

Whether the practic is legal or not depends upon how the offer letter was worded. If the offer letter promised a certain annual rate of pay, without any disclaimers or modifying terms, you may have a legitimate claim against your employer. However, I don't believe that the state will pursue this for you. You will need to pursue your former employer through a lawsuit...which can be expensive. You should consult with an attorney for the possibilities.

[gizmo]

Hi LConnell,

Thanks a ton for your reply.

The offer letter was straight-forward promising me $ "A" per annum. It did not have any disclaimer or modifying terms.

I have few more Qs:
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Which salary is considered as the promised salary, the one mentioned in the offer letter or the one found in pay-stubs?

The salary $ "B" that I was receiving, was in the form of basic pay. The additional amount was not given as bonus etc. So, don't I have a legal claim for amount "B"?
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I am new to the US and trying to understand the laws here. Your help will be highly appreciated.

thanks much,
-G

[LConnell]

It may be a stretch to say that the pay statement information is an implied agreement for pay. Again, you will need to pursue this through the civil court system in order to pursue your employer. Consult with a local attorney and get his/her opinion as to your possibilities.