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Advice on punitive damages

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  • Advice on punitive damages

    Hi,
    I was working in a small Information Technology Company in New Jersey from Jan 1999 to Mar 2003, on a H1B visa.

    Here are the problems:-

    1. I wasn't provided any contract or agreement for the terms of the employment during the 4 years I worked there.

    2. I had not taken any vacation during the four years (1999-2002) and at any time I didn't receive any communication from the company about my vacation benefits available or remaining which I can utilise. When asked about it after I quit, I was told it was not the company's problem if I did not take any vacation.

    3. For my green card process, the papers for Labor certification was filed after 10 months. I had provided all details in September 2000 and the papers were filed only in April 30,2001 in New Jersey. It's very much unreasonable as a normal labor case filing takes less than 2 months.

    4. I had raised all the issues with DOL on May 2003 and an investigation was done in April 2004. DOL had found out that the company violated the INA act under provisions 20 CFR 655.731, 20 CFR 655.731(b), 20 CFR 655.738(e), 20 CFR 655.739(i), 20 CFR 655.7601(c).I have received a total compensation of around $15,000 till now in 4 instalments. Even in those payments, deductions for Insurance was done for $1,500 and the company pocketed that money.

    5. The company ignored my request to provide me an experience certificate after I quit the company.

    My question here is, can I sue the company in a civil court and recover any amount as damages/compensation for the problems mentioned above. DOL determined only salary due during the period of one year prior to my complaint (May 2003).

    Is there any time limit for filing a suit? Will I have to file the suit only in New Jersey? I am residing in Los Angeles, CA now.

    Thanks in advance,
    MSK280
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