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  #1  
Old 01-04-2011, 09:15 PM
unaikax unaikax is offline
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Default Wipro illegally withholding payment

I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?

Last edited by unaikax; 01-04-2011 at 09:17 PM.
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  #2  
Old 01-04-2011, 09:26 PM
LONGGCQUE LONGGCQUE is offline
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Default

I also left a top 10 Indian company while on a US deputation and they are holding my PF, gratuity etc. They have been asking me to pay approx 12-15K USD to settle things.

I have no clue how to recover my PF money which would be atleast 6-7K USD based on my 63 months of employment with them.

Gurus, can someone shed some light on this. Has anyone resigned from so called top 10 indian companies which make you sign those bonds, and then ask you to come back to India and serve 3-6 months. How to recover PF etc from those indian companies if you do not sign off on good terms. For me, they say settle the a/c first and we will process your PF.

shed some light please
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  #3  
Old 01-04-2011, 09:58 PM
unaikax unaikax is offline
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Default

I am going to lodge a complaint with EPFO for PF/Gratuity using the following link
EPFO
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  #4  
Old 01-05-2011, 02:55 PM
krishmunn krishmunn is offline
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Default

They cannot hold your PF no matter what. Send a Attorneys letter (in India) stating that it is illegal for them to hold the PF and they should pay it immediately. It has worked magic for a friend of mine who quit one of the largest IT employer.

As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .
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  #5  
Old 01-07-2011, 02:14 AM
gimmemygreen gimmemygreen is offline
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Default Looking for a bill when they ban Wipro in this country

Quote:
Originally Posted by unaikax View Post
I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?
Sue them buddy. It has potential to become a class action. Wipro is the worst employer with third class management. Managers at Wipro can't even spell Management correctly. Couple years back interviewed with and was sitting on a bridge waiting for these clowns to call in for 35 minutes. After talking to them for first 5 minutes, I hung up my cell phone and never picked their call again. Azim Premji should go back and sell his cooking oil. Managers responsible for this kind of fraud should do 20 years in federal penitentiary and then deported back in plane full of shit to their native country.
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  #6  
Old 05-19-2011, 04:23 PM
Navigator Navigator is offline
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Default Wipro sucks

Hello fellas...i had quit WIPRO @ USA giving 2 weeks notice on 2009.WIPRO Mangers tried to withdraw my resignation in all means.They even told that they ll sue me for breaking the contract that i have signed.
After this WIPRO bangalore office sent me 5 letters asking me to pay 6 lac rs indian money to them.I refused and didnt respond to it .

As general rule who ever resign the company should provide insurance for next 30 days as a coverage .I guess they didnt do that for me .
Also they didnt send me the relieving letter and others indian PF etc.

They even paid less that that was specified in the LCA.

I would like to know if you had complaint DOL on this ?

Regards
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  #7  
Old 05-19-2011, 04:40 PM
LostInGCProcess LostInGCProcess is offline
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Default

Reading all the posts, it appears there is a systemic problem with the Indian IT firms.
As much as I feel sorry for all the employees who are going thru this issue with those IT firms, I also feel some blame has to go to those employees.

PLEASE USE THE LEGAL SYSTEM TO REDRESS YOUR PROBLEMS. Talk to attorneys, take action, Drag them to the court. At least if 1 in 10 goes this route, they will understand that it would not be in their best interest to harass an employee and they may change the policy and start behaving better with the future employees.
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  #8  
Old 05-19-2011, 05:13 PM
snathan snathan is offline
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Quote:
Originally Posted by Navigator View Post
Hello fellas...i had quit WIPRO @ USA giving 2 weeks notice on 2009.WIPRO Mangers tried to withdraw my resignation in all means.They even told that they ll sue me for breaking the contract that i have signed.
After this WIPRO bangalore office sent me 5 letters asking me to pay 6 lac rs indian money to them.I refused and didnt respond to it .

As general rule who ever resign the company should provide insurance for next 30 days as a coverage .I guess they didnt do that for me .
Also they didnt send me the relieving letter and others indian PF etc.

They even paid less that that was specified in the LCA.

I would like to know if you had complaint DOL on this ?

Regards
You should have reported these issues within 12 months of your employement. Otherwise there is no use. All you can do is send a letter to the Wipro HR, stateing you are filing a formal complaint to the DOL and wirting to the congress man. Also tell them you are going to make sure this story highted everywhere in the Internet and media to damage WIPRO's name. I am sure they do not want to get a bad PR in this situation where everyone hates the Indian companies.
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  #9  
Old 05-19-2011, 06:05 PM
LostInGCProcess LostInGCProcess is offline
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Default

Quote:
Originally Posted by snathan View Post
You should have reported these issues within 12 months of your employement. Otherwise there is no use. All you can do is send a letter to the Wipro HR, stateing you are filing a formal complaint to the DOL and wirting to the congress man. Also tell them you are going to make sure this story highted everywhere in the Internet and media to damage WIPRO's name. I am sure they do not want to get a bad PR in this situation where everyone hates the Indian companies.
The statue of limitation is, i believe, 2 years.
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  #10  
Old 05-19-2011, 06:25 PM
snathan snathan is offline
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Quote:
Originally Posted by LostInGCProcess View Post
The statue of limitation is, i believe, 2 years.
No, its only 12 months.
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  #11  
Old 05-20-2011, 08:01 PM
sonline sonline is offline
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Default

Not favoring Wipro or quitting person here. General comment..

we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.

they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?

Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.

Be practical, thinking peacefully. All the best.
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  #12  
Old 05-20-2011, 08:19 PM
snathan snathan is offline
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Default

Quote:
Originally Posted by sonline View Post
Not favoring Wipro or quitting person here. General comment..

we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.

they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?

Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.

Be practical, thinking peacefully. All the best.
They are not doing any charity for the employees...they want profit and cares only about their interest and so the employee. Whats wrong with that...
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# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
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  #13  
Old 05-21-2011, 02:55 PM
sheelalann sheelalann is offline
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sheelalann is infamous around these parts sheelalann is infamous around these parts sheelalann is infamous around these parts sheelalann is infamous around these parts sheelalann is infamous around these parts sheelalann is infamous around these parts sheelalann is infamous around these parts sheelalann is infamous around these parts sheelalann is infamous around these parts sheelalann is infamous around these parts sheelalann is infamous around these parts
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we should sue wipro :-)
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  #14  
Old 06-16-2011, 04:28 PM
snathan snathan is offline
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Default

Quote:
Originally Posted by rmiriyala View Post
..
Most of the Indian IT companies have this bond policy. Their policies are that, unfortunately one can never resign Wipro from Onsite.
These companies do so-many such unethical things like -
Person brought on B1 does work illegally.
Sometimes they do billing on a offshore person who already resigns the company,
They file H1B on one client and sends to some other.
Their salaries will be very non-competitive. 10 years experienced gets 55K and 2 years experienced gets the same.
They recruit 0 to 1 year experienced and modify his profile to 5 to 6 experience and cheat clients. Only one person will be there as senior and he sacrifice all his life and blood to do entire team's work.
..
Atleast after working for an year or so, he should be out of such bonds, so that the companies will be getting N times of their investments on that person.
..
I noticed worst HR policies with Wipro, like one should relocate to any location if he is asked to do so in India. He should serve minimum 6 months after returning from onsite.
..
They squeeze your blood to max extent. Onsite guuy should work for 10 hours and do offshore coordination from home till late nights. This is a modern way of slavery. Donno when will this end.
Indian bonds are not valid in the US...if you want to stop their fraud...check my signature.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #15  
Old 06-16-2011, 04:39 PM
LONGGCQUE LONGGCQUE is offline
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Default Move out

Move out of such companies when you get an opportunity. All there policies are to discourage you from resigning. All I can say is that dont be afraid of these .. move on and be happy ..

Quote:
Originally Posted by rmiriyala View Post
..
Most of the Indian IT companies have this bond policy. Their policies are that, unfortunately one can never resign Wipro from Onsite.
These companies do so-many such unethical things like -
Person brought on B1 does work illegally.
Sometimes they do billing on a offshore person who already resigns the company,
They file H1B on one client and sends to some other.
Their salaries will be very non-competitive. 10 years experienced gets 55K and 2 years experienced gets the same.
They recruit 0 to 1 year experienced and modify his profile to 5 to 6 experience and cheat clients. Only one person will be there as senior and he sacrifice all his life and blood to do entire team's work.
..
Atleast after working for an year or so, he should be out of such bonds, so that the companies will be getting N times of their investments on that person.
..
I noticed worst HR policies with Wipro, like one should relocate to any location if he is asked to do so in India. He should serve minimum 6 months after returning from onsite.
..
They squeeze your blood to max extent. Onsite guuy should work for 10 hours and do offshore coordination from home till late nights. This is a modern way of slavery. Donno when will this end.
__________________
If you are stuck without being able to file I-485 due to “priority date being not current", email your
a) IV username
b) contact (ph#, email),
c) priority date and
d)location to i485.mailing.list@gmail.com .

Until Congress enacts legislation to eliminate backlogs, people who cannot file I485 will always be in limbo and at the mercy of endless H1B visa extensions and visa stamps. Join us and be a part of future IV initiatives to push USCIS to allow I485 filing without current PD.
Wiki
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