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?