Hi all,

I have a major problem. I hope you guys can come up with some good suggestions, if any. Please..??

I have been in the US of A as an F-1 student, for more than a year. I never had, nor did I even think that I would ever come across this kinda situation. The thing is during this summer of ’06, I worked for a fast-food restaurant in cash. The business is actually a corporate one, but an Indian and a Turkish guy have been running this branch as franchise holders for few years. There was no problem for the past two and a half months; everyone knows and they admit it too that I was the best employee ever; drama started once I gave them the fifteen day notice that I was quitting from the 26th coz my school was restarting from the 28th. They wanted me to work till sometime around September but since I did give them the 15 day notice as per the rule (or whatever they say), I wasn’t obliged to them in any way. Everything seemed ok but now that I call them up to ask for my pay check, they say they won’t pay me!! To my greater surprise, I came to know from my best buddy, who was working with me in there, that the manager called her n said that (now that I’ve already left ‘em) he suspected me of taking cash from the register. When I called him up why he wouldn’t pay me, then he says u have cheated me, so I don’t wanna pay u. All the registers are watched over by the security cameras, so I told them when u have blamed me with such a big accusation, u have everything taped why don’t u show it to me. But they won’t. Coz they don’t have anything! I swear on my most beloved ones I haven’t done anything such, I did never even think abt taking a penny. I am frustrated. I don’t know what to do. We all know how much even a dollar is worth for students like us. I don’t wanna loose my hundreds of dollars. I have worked so hard for it, and thts not what I deserve. When I ask them abt it, they say if u will take it any further we will take it to the immigration (they have my SSN, too)!!! WTF. I even challenged them to do it. I m not scared coz I know n God knows I’ve never done anything wrong as wht they have been accusing. On top of that they called me up yesterday and threatened ‘if anything happens to me and my business I will make sure u’ll go to jail and go back home!!!I cannot live with that allegation! I am not being able to console myself. Everyone knows they are just doing it not to pay me. I’ve not been able to concentrate in my studies nor anything I just feel like crying my heart out.
I am a very good student and have remained in good standing ever. Do u have any ideas abt anything I can do to get my money and clear the accusation off my head?( There are many others too who haven’t gotten their pay from them). I m hurt, hurt as I can ever be!! Is there anyone who can give me a good suggestion, please?
Your appropriate suggestions would be highly appreciated!

sand_is_deep,

This sort of 'street mentality' does not work in the real world unless she's got deep pockets or is a member of some mafia family. If not, provoking her employers will do nothing but cause her more problems, especially when she knows she's broken a law.

Admit that she took a chance by working for cash; some employers play the game and some don't. In her case it happens to be the latter at some stage. So, she should stop her losses by doing nothing; she could certainly stand to lose more.

Her 'exit strategy' is to simply forget it and move on. Otherwise, she's in for some legal mess which in my opinion is lot worse than two weeks chunk change...

Javabeansis ight too.Thay have more financial resources and contacts than you do. They will get out of trouble before you can even imagine but you can always make anonymous tip to IRS and tell them that your employer has been hiding tax without revealing your identity.

ahh javabeans... who is really talking about going to the advocated to fight the case.. we are just talking about establishing a threat and getting what she deserved.. and talking about breaking the law.. yup.. missy broke the law.. but the owner of that franchise broke the law too.. they werent supposed to hire anybody and pay them under the table... so seems like... its a 50-50 situtation... now it all depends upon how missy presents herself infront of those ppl..... and about them having more resources.. damn.. the money is gone nomatter what.. so why not give it a shot and see what can be benefited from the situation... and i dont thing the resources are actually gonna be too big of a help.. because atfirst.. they are some cheap ppl who aint paying their employee for a week work... so its not likely that THEY would pay the advocated.. yeah.. the fast food company might.. but at the same time... those dhotis and turks might lose the job since the legal procedure is gonna cost em more money than the revenue they make.... and still... its illegal to pay somebody under the table... from what i know... so yup.... i still vote for establishing the threat..... missy.. GO FOR IT..

Do NOT listen to JavaBeans and those who are discouraging you from fight. The bottom line is you worked for them and you should get paid. Do not worry thinking about they have a lot of money so they can get rid of from their problem in court just like that. This is USA, NOT Nepal. I am sure you will win this case. Just file a lawsuit in a small claim court. You don't need to go to court to file. You can just do it by mail. Remember, no lawyer is not allowed in such courts. Call them up they will give you all neccessary information.

If you go to the store and call the police, I don't think police will do anything on your favor unless the bastards (indian & musalte) try to harm you physically. The police can't force to make them pay on the spot. The police will suggest you to file a claim in a court against them.

Just go to small claim court first and win the case. After winning the case in court, you need to report to IRS and their franchise corporate office. Send both place a copy of judge's verdict statement. Then they will get in big trouble.

i agree with shailendra...and i think some of the people don't understand what is the consequences of tax evasion in USA..they always try to scare with INS...hey if that is the case i have seen many student working in social security card illegally.. and still getting green card....she is not doing anything wrong...so far i know it is okay to work in cash if you get job but your employer is just not following the rules...
They won't deport...if that is the case all those student who worked illegaly should be deported haina...that INS is not strict like IRS.....
Calling police wont' do anything,threatening them will harm you more...

Since this was summer work, I don't think the penalty on you would be much because F1 students are not required to maintain full time enrollment during summer breaks so if they are threatening to do that you should tell them to go ahead since you're going back to school and are complying with the law. They cannot do anything. Homeland is not going to deport you for this. Tell them if they report you to the Homeland you will also report them to the state employment office and IRS because they have also broken the law. Also if this was a fast food place I am assuming it is a franchise. You can even start by telling them that you will report them to the franchise office first before even going to the State or the IRS.

Never try to follow on Kanchi's suggestion. Never try to thread them and you don't need to contact them any more since you have already done before. If you do, that would be your big mistake. If you want a battle, you don't want your enemy know about your varieties of weapon and your battle strategic.

It is not only a matter of money. It is a matter of principal and your right. You should punish them on their unappropriate behaviour. Call me if you can, I will help you to solve this problem in best possible way.

Missess
I'm sad to hear that u have been cheated and moreover threatened by those idiots.There is a phrase in Nepali...Anyaya sahanu paap lai nimtyaunu ho...Tara tyo bhandaima just don't take any action right away.Plan everything.First ,talk to the president or some resposible people of nepali community of your state.Let them know your condition,don't hide anything .With the help of your friends, try to find a Nepali LAwyer or someone who knows law, who either won't charge u or charge u less for consultant.Since u have also worked while u r in F1 visa don't go directly to INS or somewhere before being 100% confirmed that no harm will be done to your career as in your life that is more important.This is just a bad phase of your life which will ultimately go away.So before taking any action,discuss with some people or even a lawyer and take action as this is a delicate situation.
Aawesh ma ayera sabai kura confirm nabhaikana kunai kam nagarnu!
Hope u get justice! In the future,if u work never show or tell your weak points to these idiots :-)
My two cents suggestions!

My sincere gratitude to everyone of u.

The situation is still the same. no progress ...

Many of u have suggested to go n talk to them. I ve done that several times... all in vain. All I get is "I won't pay u" flavored with a threat that I will be in serious trouble if I take it any further! So, I've given up calling them.I dont even expect to get my pay now, but I have not given up the thought to teach them a lesson..

A lill of confidence from my part, backed up by all ur worthy suggestion will, hopefully work!
Quite a few questions,
# How/where do I look for the small claim court?
# Theres a lot of cheating goin on there. Should I report it to the IRS first, or the BBB, or the corporate?
# Anybody has any idea about any Nepali law practitioners in and around Dallas??

Thank you

you can report of IRS,BBB....read some of the suggestion carefullly which is helpful to you...good luck..just check the phone book and call anylawyer..they will tell you the process...its not hard like you think...

I don't believe that you will do anything against them. Whatever suggestions I have given, I am sure it will go all in vain.... and you are not a good listener.

No guts No glory!!!

Miss,

This link will take you to the list of small claim courts in Dallas.

http://www.dallascounty.org/department/jpcourts/jpcourts_intro.html

I would say you do not report anywhere before getting your money back. If I were you, I wouf first see if the small court can finalizes the case and gets the money back. Then would inform corporate headquarter and IRS.

They can not hold you for immigration issue. They have commited a federal crime. Just mention them that you gonna seek lawyer if this matter not resolved. Make sure you have witness who can confirm that you have worked there.

good luck

Here's a similar case, but the employer is a Nepali.
It has already been two months but he's still going on his "तारेख" to get the pay-check and still...

Dont know what to do.

Its not can a girl do it? Well I have seen many guys cheating like that as well..Its the human nature I guess. People go crazy!May be she lost interest on you thats why she did that to you...But you have to understand that LIFE GOES ON..SCREWING YOUR LIFE is not gonna prove anything .. It will rather show her that you are WEAK. Even though when comes back to you..you won't be happy...
Get Over it.Too many fish in the sea..

OOPSSSSSSSSS!!!This wasn't meant for this.. heheh.. I am still new in sajha...

Shailendra Ji,

I wish I dint have any guts and that I'ldn't seek glory!!!

I dont know the reason behind ur rage, but just to let u know, when u r the victim. U wouldnt care but jus wanted to let all suggestive sajhaites know that I wrote to the corporate office! I m waiting for their response!!
Sorry, if my post wasted ur time!

Typo!!!

but just to let u know, ... things aren't easy when u r the victim....

There was some chances of recovering the money earlier...but I guess that window of opportunity is no longer there.

I used that trick few years earlier in Chicago..and it worked wonderfully. "Cheaters should be cheated in even more shrewd way" was the theme of my game..

I was in similar situation at that time...I had quit the work but I still had yet to recover the money.I just told the Indian guy there that I'll be returning to work in 4 week for sure because I had to do some paperwork (the crook Indian believed it) and told him that I needed money for the paperwork.

He agreed to give me the money based on the condition that I'll return to work for sure in 4 weeks. He game the money and I never showed up there ever again....

You can do nothing if they dont want to pay. Indian pakastani, turkish, greek and other these sorts of people are ass holes. Sh_t happens. Just move on.
Be happy, Now you have learnt a lesson.