I was working on H1B visa as a full time employee for Magnetic North Inc. Based in Spokane, WA. After working for about a year, my salary was reduced from 40 k to 30 K. Although in the Labor Approval that he got, it said the prevailing wage was 41,790 $. From the date of my employment (12/05) to 12/01, I was paid at 40 k per annum. From 12/01 onwards I was paid at 30 k only.
For the month of July and February I was not paid at all.
The reason given for non-payment was non availability of funds. He said that he will pay me as soon as he receives payments on the project. My agreement does not say that my salary is subject to any payment received or not by the company. I think I should be paid no matter what. I have reasons to believe that he has received payments during this period.
There were other people working for the company when I started working for them, but eventually I was the only one left. When I told him in Feb that I can't work till I get paid, he threatened me with the cancellation of my Visa. I took a job elsewhere in March and I stopped working for this company since March 1. I formally resigned with them on March 11.
Do I have any rights/claims on the company? I have:
1. All my time sheets.
2. Emails about the money owed.
3. Transcripts of the conversation he had with the Dept. Of Labor in which
he acknowledges that
he owes me money.
4. Pay stubs which show a gap of July.
5. Other email correspondence about the money owed, work related emails etc.
What he owes me:
1.2 months salary (4 paychecks)
2. About 112 hours of earned vacation time.
This totals to: 5000 1615 = 6615 $ at 30 k per annum.
If I am to be paid at 41,790 per annum than it will be a total of about 20,000 $.
I reported this to Federal DOL and they finally determined that back wages owed to me is a total of $15,560. The owner of the business did not reply to several letters of DOL and DOL was not following the case as aggressively as I was thinking they should. So upon writing to higher authorities in at DOL, he was made to finally enter into an agreement to pay $300 every month. He made just 1 payment on Jun1 and after that none.
I also filed a suit against him in Spokane. Lawsuit is still there. It was filed in June.
Company has not declared bankruptcy so far. And I know that this guy has money.
What are my options? How can I put pressure on DOL or this guy? Should I follow on lawsuit?
Any help in this situation will be appreciated.
Thanks
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