employer not paying final dues

What is the name of your state? california

I recently resigned after giving two weeks notice. My employment contract requires 1 month notice but my current employer was not willing to wait for this long.

My previous employer is not paying me my final wages (2.5 weeks of work done + bonus + leave) citing the shortfall in notice period and a loan given to me for green card processing.

I have read that wages cannot be linked to any debts etc. ..
Do I stand a chance to collect my dues ?

thanks in advance.

What penalties, if any, does the contract call for if you fail to give a month's notice?

Thanks for the reply.
The contract does not mention any penalties.

Then at the very least, they must pay you the wages that are due you as well as any earned but unused vacation. You can contact CA's Department of Labor on that.

As to your bonus and leave (unless you mean vacation, I don't know what you're referring to), you likely are going to have to see an attorney and show him/her your employment contract.

Thanks.
When I said leave I meant vacation.

Wrt the loan given to me, can they deduct the loan amount from the dues ?

Unless they have your authorization, they almost certainly cannot make deductions from your paycheck. That's what you need to speak to CA's DOL about.

Be advised though that if they loaned you money for your green card fees, they are free to sue you to if you fail to repay them. They can't just attach your paycheck however.

If I file a wage claim, do I need a lawyer to represent me ? How much would it cost ? I looked at the DLSE website. It does not mention any number I could call up to get some answers. I stand to loose a lot of money. At the moment my ex-employer intends to stop my green card process in addition to not paying my dues. The irony is that I was working till 1 am on my last day. What a christmas for me....

You do not need an attorney to file a wage claim with the state. As to finding the phone number, might I recommend the phone book?

Beth, I was going to recommend that also, but I'm in a good mood today , so here's the link: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

And martian, may I suggest you use the term "wages" instead of "dues" in your conversations with them. In the U.S., these have completely different meanings.

That was cbg, Patty. As we look so much alike, it's easy to get us confused.