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My Previous employer is not giving my salary and payslips? Please help me.

Albany, NY |
Filed under: Employment

I was working in MN as consultant in ( L2 EAD ) visa . Now I moved to NY due to my husband's job transfer and changed to 4 visa . so now I cannot work . I didn't get my payment while I was in MN - L2 EAD . Vendor told me he didn't process my salary and payslips because my visa status changed from L2 - > H4 . I e mailed him so many times , tried to call him , but he is not picking up my call . How can I informUSCIS about this company ? How will I get my salary AND PAYSLIPS for the work that I did in MN . I have full time sheet approved by my previous client . ? Do I need to contact my previous client ? Thanks

Attorney Answers 2


  1. You should contact the Minnesota Department of Labor and Industry (http://www.dli.mn.gov/main.asp) to see if they can assist you. It's not clear if a "consultant" is included in the definition of an "employee" for all purposes under the relevant MN employment statutes; however, if you were covered as an "employee" then you may be entitled to additional sums from the employer because employers are required to pay wages to employees who have quit by the next regular payday or, if that day has passed, within 24 hours of the ex-employee's demand for payment. If the employer does not pay within 24 hours of your demand, then the employee is entitled to money equal to up to 15 times your average daily earnings. Keep in mind that I am not licensed in MN and do not regularly practice labor law in any state; however, my cursory reading of the law and the information on the MN DLI's website tells me that you should contact them as soon as possible to see what sort of help they can provide you with.

    Good luck.

    My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dana@nytaxcounsel or visit my website at www.nytaxcounsel.com


  2. I suggest contacting the MN department of labor for assistance with this.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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