Urgent: Non Payment of Wages. ??

[subash1977]

What is the name of your state?
Employer's state is New Jersey. (Mercer County)

I am an alien on H1b and work for a software consultancy firm based in NJ. I am currently on a consulting project in state XXX.

I need to know if my employer can legally hold my pending wages (monthly salary) if I quit with out giving ANY Notice. If he does hold is it sufficient if I file a complaint with NJ DOL. ?
I have another job offer and I do not know how much notice I have to provide to my employer, the maximum I can give is 1 week (5 business days) that too only if it is absolutely necessary.

 

[cbg]

Your employer cannot withhold wages for time you have already worked at the time you give notice. However, he does not need to pay you for any time in the pay period that you do not actually work. So if you get paid monthly on the last day of the month and you quit effective the 15th, you have to be paid for the 1st through the 15th but you do not have to be paid for the 16th through the last day of the month. You must be paid for all the time you actually work - you do not have to be paid for any time you do not work.

If your employer does not pay you for time you are owed, the first and correct step is to contact your state DOL.

Nothing in the law states that you have to give any notice at all. It is legal to quit with no notice. However, if the employer takes offense at your giving no notice, he is free to mention the fact that you did so in any references he gives in future.

 

[JETX]

And since you are on an H1B visa... that visa is ONLY valid for the sponsoring employer. If an H1B visa holders wish to change jobs, the new employer must go through the process of petition, application, etc. to get a visa for you. Otherwise, you will be here illegally and subject to deportation.

 

[subash1977]

Thx for the replies.

I have another job offer at hand. I am thinking to start with them as soon as they get & give me the EAC# (receipt #) from USCIS.

Further, I am thinking its safe to inform my current employer that I am quitting only after I get the receipt # from my new employer.


So just to confirm, "Giving Notice to the employer" is not needed by law. Correct? and I hope this is true for any state (New Jersey is my employer state, in my case). Giving notice is only to maintain the good will. If possible I will give him a weeks notice.

I get paychecks only at the end of the month, that too there is a 15 days back log. Hope I don't loose pay for the time I have worked...

So if my pay gets held up. Do I inform NJ State DOL, or is there a federal DOL?? and how long to they take to process these? Will my personal appearence be required?

 

[cbg]

You are correct. Giving notice to your employer is a good will gesture that is not required by law.

You MAY NOT lose pay for time already worked. There are NO circumstances whatsoever in which it is legal for an employer to withhold pay for time already worked. However, there are also NO circumstances where it is mandatory for the employer to pay you for time not worked, regardless of notice given. You are owed pay for any time you actually work; you are not owed pay for any time after the last day you actually work.

There is a Federal Department of Labor; however, IF (and we have no reason to believe that this will happen) your employer does try to withhold pay FOR TIME YOU HAVE ALREADY WORKED you would file your complaint with the NJ DOL, not the Federal DOL.

There is no possible way we can tell you how long it will take to process a claim. At this point you don't even know if you're going to have a claim, let alone what the circumstances will be. Nor do we have any idea whether it would ever get to the stage of a hearing, to which your presence may or may not be required; the DOL will attempt to resolve the matter via correspondence first.

 

[subash1977]

Thx again cbg, for your replies... give a lot of peace of mind

 

[subash1977]

Can the employer put a loss of business case on me just becasue I did not give the required notice...
Looks like they want 4 wks notice... but that is just not possible...

 

[cbg]

That is HIGHLY unlikely. However, if they are threatening you with this, consult with a local attorney as the EXACT circumstances could make a difference.

 

[JETX]

No. There is NO legal obligation for you to give the employer notice.

 

[subash1977]

Just one more Q?

Most of the states follows "at-will" employment. Few states completely overrule to your favor even if you have agreed to a notice in writing.

Where can I find information on these states.? My employer (consulting firm) is based out in NJ, but I workelse where

 

[cbg]

The only state that does not recognize the doctrine of at-will employment is Montana, and even Montana recognizes it in some circumstances.

What is it that you are quoting and in what context?

 

[Meursault]

And I bet there is a LOT more to this story. Such as, this poster is a consultant on 1099 or working for a consulting firm (N.J.) which required him to sign a contract with them and from that point, subed him out to their client.

Anyone want to take that bet?

And As a side bet, I'd like to know what that contract (o.k. alleged) says about notice.

 

[subash1977]

Well, there is not much to the story.
I am an employee of this consulting firm in NJ(full time on h1b) in another state xxx.

Whatever paper I signed, had a contract for 1 yr & its says after the expiry if the 1 yr period, the contract may be terminated with a 30 days notice to ensure an "orderly phaseout."

I am worried that my employer will hold my pending /last pay if I dont him any notice...

 

[Meursault]

Whatever paper I signed, had a contract for 1 yr & its says after the expiry if the 1 yr period, the contract may be terminated with a 30 days notice to ensure an "orderly phaseout."

And I guess THIS little fact isn't adding much to the story?

Guess what? Ah, hell, I'll let the others explain the facts of life to you.

 

[cbg]

Ah, that was a pretty significant little detail you neglected to mention...

If you have a contract that requires you to give 30 days notice, guess what? You have to give 30 days notice or risk being sued.

Everything Jetx and I have been telling you just went out the window. The information we provided was predicated on your NOT having a contract. If you do, what we said above does not apply.