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contract breach: how to fight employees rights

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  • contract breach: how to fight employees rights

    i came as an emplyoee to work with this california based company. i sighned the contract when i was working in my native contry in jan 2004. thay issued me petition to give interview at U.S embessy and visa valid from october 2004 up to sep 2005. i could clear the visa interview and got H1B visa stamp in june 2005. in the petion and legal doccument he has promised to pay me 58,080.00 dollars/year as basic salary, contract valid for 2 years of work. when i came here in june 30, 2005 and went to meet the company head in july 1st week. he gave me set of forms and other applictions to filled e.g health certificate, health insurance form etc. he also told me to resignature the contract. i asked him if the contract is same as mentioned/signatred before and he told yes. i just read the first page and i signed the next page. once i started working and i recieved the first pay-cheaque. i calculaed and came to know he is not paying me what he promised. i also called him and told him that i am not payed what you said, he started saying when you will calculate and break the whole year payment into per hour rate it becomes 24.040 dollar/hour. i was disappointed and later became unsatisfied with the company because workstress was too much, work site was too much demanding. when i informed the company after a year that i want to leave the job and joining another company becuase of better options, he thretened me that he will take me to the court. He initially on phone told me that i have to pay him 10,000$ and later send me wriiten later to pay 30,000$ for breaching the contract. he also saying that contract was for 3 year. i have my petition paper still with me which says that he suppose to pay me 54080.00$/year and two year contract. i was already in loss working with him and thats why i decided to leave the company. he telling me to respond before 6th oct 2006, or this will become ligal case. accordind to previous argument on phone, i said him i am ready to pay for visa paper and other paperwork you did.
    please guide me. i was already stressed-out working with this company and after felt being cheated i decided to move out of this company and now once agan he giving me stress after leaving. His contract has "at will policy" i.e employee can leave the company and employer can tell the employee to leave the company anytime without giving any reason. Also written if in any case employer not able to keep up the promise as mentioned in agreement, one can leave and agreement will no-longer be valid. He has no were mentioned in contract how much emplyee has to pay for liquidation, breaching the contract and now he is asking 20,000$ just for another 2 years of contract left (as according to him contract is of 3 year).
    iam not much aware of U.S.A ligal labor laws please guide me to get rid of this problem and fight employees rights.

  • #2
    If he failed to pay the amount that was in the petition, you may report him to Immigration if need be. And it would seem he has already breached the contract in a material way, so you would be free to leave if you wish.

    Our attorneys could also become directly involved, though we normally do charge a basic fee for that.

    Kind regards.

    Beth Barton

    WORLD Law Direct


    • #3
      It seems to me many of these employers take advantage!!


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