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Firing & Employer Criminal Complaint Haressment

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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
 


L

loku

Guest
(1) Myself holding the company property for negotiating with my employer is correct ?

If you had legal possession of the property in the first place, for example if it was loaned by the company for you to use in your work, and you intend to return it when this dispute is resolved, then it is not theft for you to hold on to it.


(2) Myself sueing the employer for not giving one month notice / salary in lieu ( breach of contract )

If your employment agreement specifies one month notice or salary in lieu of notice, then you are entitled to it unless you breached the contract. But since you were terminated because of the economy, you obviously did not breach the contract; therefore, you are entitled to the one month pay.


(3) Not giving return air fare / ticket as per INS rules / as per the contract ( breach of contract )

Same as “(2)”


(4) Not providing adequate information even after 15 days termination about the COBRA health Insurance (as per US law)

Under the Consolidated Omnibus Budget Reconciliation Act, if you don't get a COBRA notice mailed or hand delivered to you (and are qualified), you can either contact a government investigator, sue in federal court, or both. This might only make sense in case of an accident, premature birth, catastrophic illness or other expensive medical emergency. $110 per day can be awarded to former employees of negligent employers. The following link will bring you to a listing of federal investigators by geographic area: http://www.cobrahealth.com/governmentcontacts.htm.


(5) Employer Haressing & Threating to do character assasination of stealing company property

The threats to you are probably not violations; however, if they do act on it, that could be defamation.
 

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