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Not being paid on time - IT consultant

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rational_guy

Junior Member
What is the name of your state? WA

Hi,

I am an IT cosultant who happen to be working on a H1B work visa, my last contracting opportunity happened to have had 2 layers of consultant. The lower layer was the one who sponsors my visa and the higher layers happens to be the preferred vendor through whom I happen to work for the client.

Recently I switched jobs and the preferred vendor owes me almost 60 days of my wages, its been a pattern the last 21 months just took them in my stride as I was still on the job working through them.

I expected them to clear up the dues when I had given them a two week notice before I left, they have not bothered to clear my dues and looks like it would take a while before I am paid. Can I take sue them for not paying me on time?

Thanks,
Sam
 


pattytx

Senior Member
Sam, if you were in fact an employee (as in, did they deduct taxes from your paychecks) and not an independent consultant, you can file a claim for unpaid wages with the Dept. of Labor and Industries, if the claim is under $5,000. If over that, or you were actually an independent consultant, you will have to get a private attorney and sue. See the FAQ page here: http://www.lni.wa.gov/WorkplaceRights/Wages/Termination/Wages/default.asp

And may I suggest trying to use the term used here in the U.S., which is "wages". Not to put you down, because I know that terminology differs by country, but everytime someone mentions "dues" here, I get think they're talking about a country club or their union. Good luck in getting your pay.
 

rational_guy

Junior Member
Hi Patty,

Thank you for the prompt response, I am sorry for the misuse of terminology (dues Vs salary). I did a calculate my wages yet to be paid before taxes, it works out to $22275. Since I work through two layers of consultants, it normally takes 30 ~ 45 days to be paid.

Can you kindly tell me what my legal options are.

Thanks,
Sam
 

pattytx

Senior Member
Since the amount is over $5,000, in your state, you will have to file suit against the employer. For the amount you quoted, I would recommend you find a local attorney to handle this for you.
 

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