H
h1bworker
Guest
I am a H1B skilled worker working for an atlanta based software consulting firm. Actually i received my termination notice on the 5th of June stating that my services are terminated from 1st June because of company's inability to retain me in the current economy. The termination was typed by employer on 30th may. I have been working for their client till 31st may. As per my employment agreement, I was suppose to get 1 month notice or 1 month salary in lieu incase i am terminated for goodcause. Employer was also supposed to give a return air ticket to my native country as per the contract and also as per the INS rules. But even after 60 days, he vebally says that he will give the ticket but he has not given the ticket nor the equivalent money. He has also not given 1 month salary in lieu of one month notice. Since I have been duped on several occasions on the expenditure reimbursement,and other promises made by him, I am holding a company property to negotiate with him which is still of lower value. I also offered to settle this matter using a thirdy neutral party (escrow), which the employer has refused. He threatens me of giving a theft complaint against holding a company property. I don't trust the employer any more since he had not kept his promise in earlier incidence and therefore i feel i need to hold the company property till my settlement is done. I am planning to sue the employer for wrongful termination and breach of contract.
I would like to know your advice on
(1) Myself holding the company property for negotiating with my employer is correct ?
(2) Myself sueing the employer for not giving one month notice / salary in lieu ( breach of contract )
(3) Not giving return air fare / ticket as per INS rules / as per the contract ( breach of contract )
(4) Not providing adequate information even after 15 days termination about the COBRA health Insurance (as per US law)
(5) Employer Haressing & Threating to do character assasination of stealing company property
I would like to know your advice on
(1) Myself holding the company property for negotiating with my employer is correct ?
(2) Myself sueing the employer for not giving one month notice / salary in lieu ( breach of contract )
(3) Not giving return air fare / ticket as per INS rules / as per the contract ( breach of contract )
(4) Not providing adequate information even after 15 days termination about the COBRA health Insurance (as per US law)
(5) Employer Haressing & Threating to do character assasination of stealing company property