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Intership that does not respect the agreement

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Jean1994

Junior Member
Hello,
I am a french student. I, along with 2 other students in my class were supposed to go to San Francisco for an internship in a startup. The agreement was that the employer would pay us the airplane trip as well as lodging in the US. But due to some money problems in the startup we finally did the internship in France, the employer was in France but I've never seen him, I was working for him at my house. It lasted 13 weeks, In France an internship that lasts more than 8 weeks needs to be paid. But my employer says that it is an american company and does not want to pay me even though he signed an agreement saying that the internship would be in SF and that he would pay us the trip as well as lodging in the US. I would like to know what I can do about that? Legally in the US, since he signed an internship agreement saying the previous things and did not respect that contract, isn't there something to do? I would simply like to obtain my minimum wage. (around 1800€ for 13 weeks)

Another thing that may probably be illegal is the fact that this startup has at most 6 employees and hired 3 unpaid interns in order to do their Android App. Isn't the fact that they are 6 and hired 3 interns a problem?
Can you please tell me what can be done here?

Thank you in advance for your answer !
 


Zigner

Senior Member, Non-Attorney
Hello,
I am a french student. I, along with 2 other students in my class were supposed to go to San Francisco for an internship in a startup. The agreement was that the employer would pay us the airplane trip as well as lodging in the US. But due to some money problems in the startup we finally did the internship in France, the employer was in France but I've never seen him, I was working for him at my house. It lasted 13 weeks, In France an internship that lasts more than 8 weeks needs to be paid. But my employer says that it is an american company and does not want to pay me even though he signed an agreement saying that the internship would be in SF and that he would pay us the trip as well as lodging in the US. I would like to know what I can do about that? Legally in the US, since he signed an internship agreement saying the previous things and did not respect that contract, isn't there something to do? I would simply like to obtain my minimum wage. (around 1800€ for 13 weeks)

Another thing that may probably be illegal is the fact that this startup has at most 6 employees and hired 3 unpaid interns in order to do their Android App. Isn't the fact that they are 6 and hired 3 interns a problem?
Can you please tell me what can be done here?

Thank you in advance for your answer !

This forum is for US law only. Your situation deals with French law. You will need to find legal advice applicable to your country. I wish you the best of luck.
 

Jean1994

Junior Member
Thank you for you answer.
So you are saying that since I did this internship in France, it is subject to french law? Doesn't the fact that it is an american company with no entity in France protect them? Meaning that the two month obligation to pay the intern would not apply ? or that the french law will not be able to go against an american startup...

Secondly, doesn't that fact that they the startup of 6 employees hired 3 interns to work in SF, at least intended to make them work in SF, as said in the intern agreement have a little to do with US law?

Basically we were supposed to do an internship in SF, with 3 interns for 6 employees, wouldn't that have been a problem?

I really appreciate your answers as I am a bit lost...
 

Zigner

Senior Member, Non-Attorney
Thank you for you answer.
So you are saying that since I did this internship in France, it is subject to french law? Doesn't the fact that it is an american company with no entity in France protect them? Meaning that the two month obligation to pay the intern would not apply ? or that the french law will not be able to go against an american startup...

Secondly, doesn't that fact that they the startup of 6 employees hired 3 interns to work in SF, at least intended to make them work in SF, as said in the intern agreement have a little to do with US law?

Basically we were supposed to do an internship in SF, with 3 interns for 6 employees, wouldn't that have been a problem?

I really appreciate your answers as I am a bit lost...

Again, this is a French law matter. Everything that happened to you happened in France.
 

quincy

Senior Member
Thank you for you answer.
So you are saying that since I did this internship in France, it is subject to french law? Doesn't the fact that it is an american company with no entity in France protect them? Meaning that the two month obligation to pay the intern would not apply ? or that the french law will not be able to go against an american startup...

Secondly, doesn't that fact that they the startup of 6 employees hired 3 interns to work in SF, at least intended to make them work in SF, as said in the intern agreement have a little to do with US law?

Basically we were supposed to do an internship in SF, with 3 interns for 6 employees, wouldn't that have been a problem?

I really appreciate your answers as I am a bit lost...

You potentially could sue the American company in the US for unpaid wages. This could cost you more than what you are owed.

I think you and the other interns would have been smart to "bail" once you learned the company was having financial difficulties and could not honor its original agreement to transport you to San Francisco and house you while there.

Here is a link to an interesting paper written in 2002 by Lance A. Compa titled, "Pursuing International Labour Rights in US Courts: New Uses for Old Tools."

Discussed in the paper are several lawsuits filed in the US by foreign workers who worked for US companies in foreign countries, and whose rights were violated by these US employers. http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1331&context=articles
 
Last edited:

graceous

Member
Jean,
You did not mention that part of the agreement was getting paid. Sadly, and recently, there seems to be a trend towards unpaid internships. I think what is most important here is whether your school accepted the internship credits as part of your program. And, your adviser needs to understand all the problems here and not refer any future students to them.
 

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