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archanadhar19
04-06-2011, 11:08 AM
My employer neither has payed me nor he has sent any paystubs SINCE 4 MONTHS.
Please help what can I do . I am still working with the cleint and my client still sending my employer all the money according to the payrate and timesheets that I have submitted. They keep saying will happen at EOD today and it never happens.

I work in Texas. Can I go to Texas payroll commision or do I need to submit WH4 form to DOL.
Please please please help. I dont have much money left in my account to feed my family.

Thanks,
Archana.

go_guy123
04-06-2011, 12:14 PM
My employer neither has payed me nor he has sent any paystubs SINCE 4 MONTHS.
Please help what can I do . I am still working with the cleint and my client still sending my employer all the money according to the payrate and timesheets that I have submitted. They keep saying will happen at EOD today and it never happens.

I work in Texas. Can I go to Texas payroll commision or do I need to submit WH4 form to DOL.
Please please please help. I dont have much money left in my account to feed my family.

Thanks,
Archana.

You can complain to Dept of Labor. refer to WH 4 form in this forum.

This is the very reason for the Employer-employee relationship memo and increasing crackdown of H1B petition by IT shops. Over the past decade this has become a cronic problem plaging the H1B system.

bugsbunny
04-06-2011, 12:50 PM
Also talk to your client ...explain the situation
Maybe you can get them to pay you directly till the matter is resolved

go_guy123
04-06-2011, 03:13 PM
Also talk to your client ...explain the situation
Maybe you can get them to pay you directly till the matter is resolved

Client cant pay you directly. It is a legal contract between client and your company or perhaps a top layer of companie in between. Most likely the client/some midlle layer is not paying your vendor and thats is why your employer is not paying you (which is illegal)

bugsbunny
04-06-2011, 03:37 PM
Client cant pay you directly. It is a legal contract between client and your company or perhaps a top layer of companie in between. Most likely the client/some midlle layer is not paying your vendor and thats is why your employer is not paying you (which is illegal)

Since the employer has already violated the contract by not paying...the contract can no longer be upheld by its original terms...hence the employee is well within her rights to seek compensation from the vendor directly for services provided.
Ultimately the local Labor dept has to rule against the employer...which can take weeks or months...in the meantime i do not think she has to let her kids starve

somex
04-06-2011, 03:58 PM
My employer neither has payed me nor he has sent any paystubs SINCE 4 MONTHS.
Please help what can I do . I am still working with the cleint and my client still sending my employer all the money according to the payrate and timesheets that I have submitted. They keep saying will happen at EOD today and it never happens.

I work in Texas. Can I go to Texas payroll commision or do I need to submit WH4 form to DOL.
Please please please help. I dont have much money left in my account to feed my family.

Thanks,
Archana.

1. I guess you would be having middle vendor (Between you and employer). Better talk to him and explain him that you are not getting paid. He might say that you are not his employee. Then tell him that you can not continue working without pay and it would be loss to everyone. Try to push him to talk to your employer. Make sure you don't reveal your payment amount or bill rate to middle vendor, otherwise there is a chance he might take advantage of your situation.

If above step didn't work then
2. Find some other company (new employer) to apply for transfer. But you would need recent pay stubs, so you request new employer attorney to talk/warn current employer... If you were able to succeed this then file DOL complaint after successful transfer.

If any of the above steps didn't work...then

3. File complaint with DOL....This would be time consuming process and also effects your immigration status because high chance of getting fired.

dreddy
04-06-2011, 04:49 PM
first stop sending the timesheets to your employer then he will contact you