California Employment Law
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Thanks for reply. My employer is based in PA. I was a full time employee with my employer with signed agreement as above. If you want I can mail the agreement. I did not finish the 1 year term. I resigned after 3 months of billing, which will become breach. I spend almost 5 months in the company out of which 3 months I was in billing and 2 months I was non billable for which they paid me minimum wages according to LCA. They are asking me to pay back 12000 +wages they paid me in non-billable time.
Thanks for the mail. First of all i was not on any assignment when I resigned. I was just searching for the projects. My employer is a pure consulting firm who place the employees in different client locations. That too these projects we have to search in DANGEROUS URL REMOVED or any other websites. They will come into picture only for rate finalization. As I told earlier I was not under any assignment when I resigned. So I dont think replacement would be necessary.
One more thing is I have given them 3 months billing with one client in US for which they paid be half of the billable amount. They have also earned enough from me. Still I would be liable for 5,10,12k?
This 5k, 10k and 12k is the discrimination done by them for single, marred and family status. Is the discrimination valid in US? As far I know in US all the employees should be treated same right?
And do they no need to show how did they arrive at the figures? means if they would have mentioned as 100k in the document, should I be liable for that? There should be some proof of documents right as how did they arrive at that figure.
One last question. What do yiu suggest me to do? To negotiate with them and come to common agreement and get release instead of allowing them to file law suit?
One more thing I came here alone and processed my family visa and tickets at my own cost. So can I negotiate with them for 5k by telling this and settle it for 5k anyway?
I just want some points of argument to reduce the amount I need to pay.
Need valuable above in that front
I am sorry for bothering you again, couple of last queries.
1) I read somewhere that claim of liquidation charges can be done in California and Texas. My employer is in PA. But my last project is in TX. Will this still apply for me?
2) And my company as I told earlier is a pure outsourcing company, who do not have any projects of self. They simple bring people to US and outsource in the market. As far as my situation is concerned, they did not had any projects in hand for me to go and start working. So how could be they prove the amount of damages occured from me as they do not have any projects for me to prove?