By July 17th I went to USA as a TN visa holder and with a new job in mind. Before that early days of April, I had talked to Jit Kumar who hired me as a Consultant for Xcel Solution Corp. The offer was USD $45000 per year plus benefits like vacations, program courses training certification paid by Xcel Solutions, health insurance and a warranty that I was going to be working in a project in no more than two weeks. Besides all that which appears for employees in the website www.xcelcorp.com.
So after one month of being there applying for positions I got fired by Jit Kumar because I asked him why I did not receive my salary for that month as in the contract I signed was written. He said that I was not enough qualified and he fired me.
We have made a different deal! I was going to get training in their Data Center down in Matawan, NJ for those areas or tools I had weakness on, lack of experience or knowledge. He saw my resume when everything was true in it. For Jit Kumar my profile as much as my resume was well known right out of the gate with no lies nor misleading.
First of all, I was enforced to write in my resume that I was having years hands on experience on tools I have never been in touch with. There was no training at all as much as there was no Data Center, just five computers in a small room instead. He told me that I should not say to recruiters: "I do not have experience", regarding a tool requested in the job description. Finally I request the payment and got given a check for just a part of my salary, once again I had to talk because he said that it was like that due taxes deductions... in the contract says that my salary was USD $45K per year and for that month the check was for USD $2000 finally he agreed on give USD $800 more and wrote another check.By the time I went to cash them I found that the account has not funds. He said that in few days I could cash the checks but for the next week only cash one of them because the funds were no enough.
I had to bite the bullet and stayed there 1 month more and by October 20th he made a proposal: I will reduce your current salary from USD$45K to USD$32K, I did not agree with it and he said "so you are fired and I will provide you the ticket to flight back to Mexico so you leave tomorrow morning at 6:00am". I asked for the last month salary and he refused to give a single penny. He said I can sue him or whatever. He was not going to pay anything.
And I did it before Department of Labor and Workforce Development on Division of Wage and hour Compliance and got accepted in October 7th under the claim # 215882 and employer # 646216. After that I came back to Mexico and by the time of resolution, around a month after, I have been told by this department that I had to attend to a hearing, right there in New Jersey, I couldn't afford to go.
Manuel
Mexico City
Mexico
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