Ex employer harassing sending collection notice...

Hi,

It has been just few months i am in usa and i am not having enough funds to hire an attorney. I came to us few months ago and was working with one of company in ohio which is body shopping consultancy company which was giving me very less salary and was making lot of money out of me by puting me on contracts. It applied my H1 visa in 2007 and called me here in us in 2009 and also asked me to give him some 5000USD to keep as gurrantie that i will join him which i gave and he revoked before he asked me to come here in US and denied to give me on return, so i decided to leave the same in 4 months of time and i quit it but one mistake i made was i had signed contract stating that i cannot resign from company for 2years but my employer can fire me in 15 days but under any circumstances i cannot resign for 24 months and if i do so i need to pay him some amount of $.... !!! now as i left him by giving notice period, after resigning while i was working on notice period he didnt paid me for the same, im my lastpay checks he showed me as i was not working so he didnt paid me and also didnt provide me W2 after mailing him for 6 times and now he is sending me some notice through collection agencies with threats to go to court.

My question for help here is can any one guide me what to do here and how can i solve this? As i dont have enough money to offer attorney and the money he is asking is also too much that i cant afford. So can anyone guide me that is this just harasment or he can do such legal court case for this kind on bonded or one sided labor contract in the state of Ohio???

Please help asap

1 answer  |  asked Mar 1, 2010 7:42 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
You raise some very complex issues related to H1B visas and what arrangements can be enforced. In general the 13th Amendment to the United States Constitution prohibits indentured servitude, even where it is paid. You also should have some records of hours you worked. It does violate federal law not to pay you and it is a violation of federal law not to provide you with a W2. You need to talk to an employment attorney to determine whether or not you state claims that an attorney would proceed on without you paying a fee up front.

You can select an employment attorney near you at: www.oelasmart.net/directory

posted by Bruce Elfvin  |  Mar 2, 2010 08:52 AM [EST]

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