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

[Md Muntasir Rahman]

Jurisdiction

Virginia

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

 

[flyingron]

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.

 

[zddoodah]

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

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?

it's a very big amounts.

How much are you owed?

 

[army judge]

 

[Md Muntasir Rahman]

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?
Yes, I have the NDA and they were Authorized me to work through Hubstaff | Time Tracking and Productivity Monitoring Tool
as the proof of work/service and the amount per hour. Also I have all the chat history in Signal group. I have the transaction paper of how far I have got paid.

Can you please suggest me which of the documents else do I need to prove my claim?


How much are you owed?

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

 

[Md Muntasir Rahman]

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.

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

 

[army judge]

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

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!

 

[zddoodah]

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.

 

[adjusterjack]

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

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

 

[Md Muntasir Rahman]

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

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.

 

[Zigner]

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.

Refer to post #2 in this thread.