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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3820
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I was an employee of XYZ Lmt when i was in the USA on Work

Resolved Question:

I was an employee of XYZ Lmt when i was in the USA on Work Visa (H1B). I was doing a consulting job to a client (ABC Company).
As my H1B got expired on 2011, I moved out of USA and started working in India (For XYZ). While working in India, I was working under the same old contract. (No new offer was made.)
As I did not want to work in India, I resigned 3 three different times. For the first two times, HR requested me to retract my resignation. I obliged and retracted.
But suddenly, after 10 months of working in India, they wrote to the payroll team on 10th Feb 2012 for stopping the Payroll. Then they told me that I will be getting paid in Indian currency. They also mentioned that, the salary they paid in dollars while I was in India should be returned to them.
As I disagreed with their decision, I resigned and left India. They withheld my Feb, March, April salary. They never paid me last 3 months’ salary.
On April they sent me a resignation acceptance letter including following texts. “As per our earlier communication where we informed you that you have been paid excess salary, the recoverable amount works out to be 1,000,000 INR. This is arrived after taking into account the Indian salary that was payable to you. The Indian salary has already been informed to you during our earlier discussions. The settlements team will issue you relieving letter and experience letter post your clearing the no dues and settling the recoverable amount. “
I did not replay to their email. After several months, this week, I got an email from XYZ USA branch. Here is the email body they sent to me…
“As per our audit on the Remuneration/Payments processed, we found that the below given amount paid have not been recovered from your salary completely and are still pending as recoverable due in your account.
The net amount re-payable by you in USD/CAD: 41000
Recoverable amount is towards: Excess Salary
If we do not hear any reply within 15 days from receipt of this email, your case will be transferred to collection agency for further process “
Few important things to be noted ….
1. Regarding time tracking (time sheets), we were supposed to submit time sheets
a. to the client (ABC),
b. Send an email to the XYZ manager about number hours worked for the month,
c. And fill up the time sheet at XYZ’s system.

Submitting time sheets to the client on time was mandatory as that would help client to pay XYZ for my service. I always submitted time sheets to the client and informed to my XYZ’s manager on time. I however did not submit time sheets regularly on XYZ’s system.
3. I am a foreigner and I currently don't have VISA to go to USA. I don't know how I contest the law suit if XYZ files suit against me in the USA.
4. Can we file a suit to XYZ for Harassing to ex-employee and win?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question and I'm sorry to hear about your situation.

Because your H1N1 visa expired and you were working for the company in India as an Indian citizen, your protection for violations of you workers rights would be under Indian law, rather than US law. Nevertheless, because you were working for an American company, you have standing to file suit in the US for breach of your employment agreement.

However, this is only true if there has indeed been a breach of your employment agreement with the US company. At this point, because they had agreed to pay you in US dollars, they cannot turn around and back charge you for prior amounts paid after they decided to switch you over to Rupees. This fact in and of itself though does not breach your employment agreement. It simply means they are trying to make you pay an amount that you do not owe. This does not provide a basis for a lawsuit. Further harassment of this sort is not actually illegal under US law. Your right to make a legal claim against the Company would only arise if they did something to injure your credit rating. Since you do not have a VISA to the US, this would only apply to an injury to your international credit ratings. In other words, if the Company's actions caused you to be unable to obtain a loan because they are seeking to collect money from you that you do not owe the Company, then you would be able to sue them in US court. Unless and until this happens, you do not have a lawsuit.

This brings us to your first question of "what happens if they sue you in the US". Since you are not a resident in the US, it will be impossible for the court to obtain jurisdiction over you. Thus, it is highly unlikely that you will be sued in the US for the alleged return of the money the Company believes you owe them. However, given the fact that this Company has already acted in a very bad way against you, I would not be surprised if they lie to the court and say that you are in the US and have been served with the lawsuit. The only way to protect yourself at that point would be to hire a lawyer in the US to represent you in Court and to show that (1) the court has no jurisdiction over you and (2) the Company acted fraudulently to the Court.

This may be impossible to do from where you are. The best thing to do at this point would be to have all mail at your previous address forwarded to you in India so that you can monitor any communications that may be coming to you from any Court. If there is a lawsuit filed against you, then you can find out this way. If, for some reason, there is a lawsuit filed against you and you do not find out about it until there has been a judgment issued against you, you would then have the right to petition the court to have the judgment thrown out because it was procured by fraudulent means.

Please let me know if there is anything that you need further explanation on.

Please also remember to rate my services positively as I do not receive compensation for my work on your question until you do so.

-ZDN
Customer: replied 1 year ago.

 

I am very much impressed with your through answer. However, will you be able to answer the following question that I had mentioned in my original posting?

 

Things to be noted ….
1. Regarding time tracking (time sheets), we were supposed to submit time sheets
a. to the client (ABC),
b. Send an email to the XYZ manager about number hours worked for the month,
c. And fill up the time sheet at XYZ’s system.

Submitting time sheets to the client on time was mandatory as that would help client to pay XYZ for my service. I always submitted time sheets to the client and informed to my XYZ’s manager on time. I however did not submit time sheets regularly on XYZ’s system.

 

Can they pursue me for not filling the time sheet at XYZ’s system regularly?

 

One clarification:

I am a Citizen from Nepal and I am currently residing in Canada. Will it make any difference to your original answer ?

 

Also, Can they serve legal notice by email ?

Expert:  Zachary replied 1 year ago.
Thank you for your response, and I appreciate your kind words.

Your failure to file the time sheets on XYZ's system does not create any any civil liability to you unless you signed a contract stating that you would in fact file the time sheets on their system.

Unfortunately, the fact that you are Nepalese citizen does not change my answer regarding your rights to assert a claim against XYZ for work you performed in India.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3820
Experience: Lead trial/International commercial attorney licensed 11 yrs
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