My company is a staff company, they assigned projet to its client. I am employee of this company and should be paid bi-monthly according the...

Question

My company is a staff company, they assigned projet to its client. I am employee of this company and should be paid bi-monthly according the offer letter. but up to now, my employer still have not paid my Sept payment.

when they skipped first Sept payment(1-15), I waited for couple weeks and quit because they were even not able to commite the payment date. For the last few weeks,I have been reaching out them throught email, phones, but got no answer. the reason they told me is that they did not get the payment from their Vendor

I know that it is illegal. but my question is through which way I can collect my money

thanks

Answer

I have handled several problems like this one before. If you are truly an employee of your Visa sponsor, they are obligated to pay you regardless of whether the vendor pays them. If you need help in collecting and cannot make progress yourself, I may be able to help.

See also: http://info.corbettlaw.net/lawguru.htm

Answer

As noted by John, if you are an employee, you're entitled to your paycheck irrespective of your employer's financial difficulties. You can file a complaint with the NJ Dept. of Labor Wage & Hour Division, file a civil lawsuit or have an attorney send a demand letter to your employer (which may be enough to get the employer to comply with its obligation). Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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