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Pay, pay stubs,experience letter not being given by company A

Miami, FL |
Filed under: Immigration Employment

Company A held my H1 and I was working for Client XYZ through a middle vendor V on a EVC model. Vendor V has not paid my company A for the past 3 months. Company A was not paying me for 3 months and they rudely told me to find another employment if I am unhappy. I went ahead and changed my employment to Company B after giving proper 2 week notice period as they needed. Now company A is not giving me my experience letter, my pay stubs nor my pay. They said they will provide all these once they get the money from Vendor V.

My questions are:

1. Can I take company A to court legally to obtain my pay,stubs and experience letter?
2. What options do I have to get my rightful money back?

Thanks! Please help!!

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Attorney answers 1

Posted

1. They are required to send you a W-2. If they didn't pay you, you can sue for back pay. Sorry, you can't make them write an experience letter.

2. Hire a labor/employment lawyer.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

Hi, Thank you for your reply. They did send me a W-2 but they did not pay me. I think they are running my pay roll, BUT not paying me or sending the stub to me. Is this even legal? Please reply. Thanks!

F. J. Capriotti III

F. J. Capriotti III

Posted

If they sent you a W-2 that doesn't reflect the actual amount that they paid you ... you must contact an employment/labor lawyer, and possibly the State Wage and Hour division ... this is against the law. Have your employment lawyer talk to an immigration lawyer about US Department of Labor violations too.

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