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What the legal actions should I take as the company is not paying my outstanding salaries

Discussion in 'Workers Compensation' started by Md Muntasir Rahman, Sep 27, 2022.

  1. Md Muntasir Rahman

    Md Muntasir Rahman Law Topic Starter New Member

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    Jurisdiction:
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    Hi the community,

    I am an engineer from Bangladesh. I was working with a Virginia based LLC company remotely. After the termination of the work relationship, they are not paying my outstanding 6 weeks salaries and it's a very big amounts. As I am from Bangladesh and don't know any law of USA/Virginia, can you please guide me what legal actions should I take to get my salaries. Please help me. I am passing my bad days here.

    Many Thanks in advanced,
    Md Muntasir Rahman
     
  2. flyingron

    flyingron Well-Known Member

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    Alas, if you are working in Bangladesh, US labor laws aren't going to apply to you and the US Department of Labor won't help you. What you end up having is a civil (contract) dispute and frankly, unless there's enough money involved to pay a lawyer to pursue it in the US courts, you may be out of luck.
     
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  3. zddoodah

    zddoodah Well-Known Member

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    I'll bet you a buck and a half that the Virginia based company will take the position that you were an independent contractor and not an employee. No way to tell from your post whether that's correct. However, if it is, your recourse is a lawsuit for breach of contract.

    Did you have a written contract with this company?

    How much are you owed?
     
  4. army judge

    army judge Super Moderator

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  5. Md Muntasir Rahman

    Md Muntasir Rahman Law Topic Starter New Member

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    It's about $23k total for 4 devs of 6 weeks salaries.
     
  6. Md Muntasir Rahman

    Md Muntasir Rahman Law Topic Starter New Member

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    What other else I can do? If I go through debt collector organization, will it work for me?
     
  7. army judge

    army judge Super Moderator

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    If you're in Bangladesh attempting to collect an alleged debt from an entity in the USA, you'd have to possess magical powers to prevail.

    It would also be a very expensive endeavor.

    If you came to the USA, you'd have to bring a lawsuit against the alleged deadbeat.

    The alleged debtor wouldn't be mandated to pay based solely on your demands and/or allegations.

    Have you tried to negotiate with your purported debtor?

    Have you offered to discount the amount in question by a 10% discount, for example, if payment is received within 24 hours?

    Good luck!
     
  8. zddoodah

    zddoodah Well-Known Member

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    The amount of money at issue is difficult because it's a lot of the average person, but litigating through trial probably would be prohibitively expensive. I suggest finding an employment attorney in the area where the company is based and setting up a consultation. If you have a written contract that provides for the prevailing party to recover attorneys' fees in the event of a dispute, that will be helpful.
     
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  9. adjusterjack

    adjusterjack Super Moderator

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    Assuming you were supposed to be paid in intervals, why did you continue working after the first time you didn't get paid?
     
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  10. Md Muntasir Rahman

    Md Muntasir Rahman Law Topic Starter New Member

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    They paid our salaries through Upwork of their local agent. Upwork took 14 days to release a payment. Clients also working on getting more investments. They were irregular in weekly payment. Thus there is a 6 weeks gap in outstanding. As a head engineer, I continued in good faith and in assurance of them.
     
  11. Zigner

    Zigner Well-Known Member

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    Refer to post #2 in this thread.
     

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