Employer Retaliation for Wage Complaint by Failing to Process Green Card Application
Ganesh was an Indian citizen working in Massachusetts for a software company on an H1B visa. He accepted a position at a new employer, based on a promise of a certain salary and a commitment by the new employer to pursue a green card on is behalf.
Ganesh was nearing the 6 year limit on his ability to work in the United States on a visa, and needed the green card application to be in process in order to remain working here. Almost immediately after he began working, Ganesh noticed that he was not being paid as agreed. When he raised this with his employer, he was told that he could either accept the lower salary or resign. The employer also called a friend of his, another Indian national, and told the friend that if Ganesh did not acquiesce he would have him deported. Concerned about his immigration status, as well as access to health insurance (his wife was pregnant), Ganesh reluctantly agreed to the lower pay going forward. His employer never made up the difference for checks issued prior to the announcement of this new rate. More critically, and unknown to Ganesh until later, the owner instructed Human Resources to stop processing Ganesh's green card application. As a result, his visa expired and he was forced to leave the country because there was no green card application pending. His career was abruptly interrupted, and he faced a wait of many years before he would have another opportunity to work in the United States. He had to make an overseas move on short notice, with his wife and brand new baby. Retaliation SolutionWhen Ganesh came to us, he was already living abroad with his family, and out over $20,000 for the cost of the abrupt move, along with his lost and underpaid wages.
We helped him get a right to sue letter from the Attorney General, and filed a civil suit alleging violation of the Massachusetts Wage Act, promissory estoppel, and retaliation by stopping the green card application. After many months of discovery and depositions, we had a documented picture of the employer's retaliatory and spiteful motive, as well as inconsistencies between what was paid to Ganesh and what was represented to the Department of Labor by the company as his minimum pay in connection with the earlier visa application. We negotiated a settlement for Ganesh which compensated him for these harms, and gave him and his family a financial cushion to help get through the transition after moving. |
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Postscript
The funds were important to Ganesh, but he also felt it was important that the employer be held accountable in some way, so that they could not manipulate other employees on work visas in a similar way in the future.
If you are in a similar situation, remember that you have rights under the wage and hour laws regardless of your immigration or work authorization status.
If you are in a similar situation, remember that you have rights under the wage and hour laws regardless of your immigration or work authorization status.
How We Can Help
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We have years of experience representing people who have faced retaliation at work for engaging in activities that are protected under the law, and we would be happy to help you. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
