Here is my situation: 1. I joined a Desi consultancy on Nov 2011 on percentage basis. 2. Since they were not paying me regulary, I joined the vendor after 7 months. 3. I donot have a copy of contract paper and do not remember what paper I signed before joining the company. Now after almost two months I got following email from the consultancy. Please advice me what should I do ? Last edited: 01-Aug-12 05:39 PM
sachetnep · Jul 31, 2012 5:28 PM · 15,495 views
Talk to hr and get a copy of your contract, find a lawyer get a consultation.
maxpayne · Jul 31, 2012 5:42 PM
Well write them and ask them to show you the bill that they spent on training you. Else, tell them that you are not a slave to anyone. If they have a case then they should reach out to the vendor, who had a binding contract with this company. Be bold... Also state that they have been not paying what they were supposed to and perhaps you have a copy of what you signed 80-20 deal (Which is also illegal)? Also tell them that you will take the matter to USCIS, if they further try and exploit you. Finally, make a case of discriminating you by paying other more from their contract as opposed to you (ask a collogue to share a pay stub before you do that though). Give them this in writing within 3 days, and they should shut up. Else simply ignore and chances are they will shut up as well. If you get a notice from court consult an attorney at that point. Also, you will have to prove that you did not had prior knowledge of this so delete the thread / ask San to do that if you cant.
MN_Nepali · Jul 31, 2012 7:04 PM
This is the way of getting some money from you.Write them a letter mentioning the reason for leaving(late pay in ur case) and also reach out to vendor. This had happened to lot of people.
edipre · Jul 31, 2012 8:08 PM
Don't worry about the letter, I bet they have more to loose than you coz' they do all kind of fake things, after all its a dhoti company. I bet they cofirmed your work history too and many others. Reply them with what you got on them... all the fake things that they do and the tax fraud and most importantly the USCIS..I'm 100% guarenteed that they will not go for law-suit. Its just a threat. Please mention the name of the Consulting Company if you don't mind.
diggy · Jul 31, 2012 10:45 PM
Legal Department ??? in dhoti consulting where they do all the illegal stuffs, that should have been illegal Department...
jsp · Jul 31, 2012 11:05 PM
1) Ask them for a copy of contract that you had signed 2) Read it carefully. Certain clauses could be unenforceable. 3) If they sue you, they will have the citation delivered to you. Read the allegations. Just respond within 20 days (most likely in 20days if your state also follows the standard Federal Procedure.) Your response would be "General Denial", which means you deny all the allegations in the suit. 3) After that do nothing 4) The burden is on them to prove that you did something wrong. 5) If you think the allegations are baseless, file a Motion for a Summary Judgement for Dismissal with Prejudice. Above all, get the contract first.
rupas · Aug 1, 2012 8:41 AM
I had similar case. But when I replied them with the email attachment that they sent to me.. saying that I will file a complain with labour department about your forgery n how you ppl put the innocent in trap, they shut their mouth and paid my remaining and everything dismissed. Email was like this : *****, Make ur total java experience as 5+ yrs, with 2 yrs as India and 3 yrs as US. If u have anyone to provide u reference you can work on it, else I will get the references. We can start your marketing from Wednesday/Thursday. Thanks, Riya It was only 3 months fr me in US that time.
kalikopoi · Aug 1, 2012 9:36 AM
Thank you all for your suggestions...I was very worried yesterday but got some relief after reading all your comments.
sachetnep · Aug 1, 2012 11:11 AM
Untimely or no payment may void the contract itself, regular offices never messes up with paycheck. There must be a minimum payment Plus commission, Otherwise you will end up working free ( insurance business is like the same in the beginning).
MaGorkhe1 · Aug 1, 2012 12:11 PM
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