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!

So, let me get this straight. You were being paid under the table? I'll give you a good advice. Just try to blackmail the sand negro and the dothead. Tell them that if they don't give you your hard-earned cash, you'll take it to the INS. Just a threat, mind you. If they don't buckle, then you got no choice but to give up and all that $$$ you deserved bites the dust. The restaurant has already committed crime by hiring you in the first place if you are not supposed to work legally.

sorry to hear that. but it sounds like a dismal case to me. if you threated them to pull the case to INS, it will only invite you more trouble. all i can say is, make everything clear prior to start working at a place.

g'luck

LooTe

I hate myself for working so hard for morons like 'em who deserve to be buried in one big pit..

thanks to whoever responded. It was kind of u..

Anyone with any rosy suggestions? :-( :-(

Misssssss

It is better that you do not argue much with them as you were working illegally and just don't hurt at all. I thiunk these people are just not wanting to pay you and accusing you of stealing to get their way around it, this is a normal trend of low educated Indians. I think your employer is one of them and does not have humanity. You can no way expect human treatment from turkish people-middle eastern--extremists.

These are small fishes in the wide sea in front of you. Whats gone is gone..........don't even channel your energy on them just study hard and find another job. Also be aware that these franchises, convenince stores etc are usually owned by low educated Indians as they do not have the qualifications and skills to get jobs here. Try to stay away from them. Or even if you choose to work. DO NOT GET EXPLOITED BY THEM. I am not generalising that all low educated Indians are bad as some of them are good. Lots nepalese have also done horrendous things to me, too but a few are nice so I also cannot generalise that all them are bad. It up to you how you protect yourself.

isssssss

It is better that you do not argue much with them as you were working illegally and just don't hurt at all. I think these people are just not wanting to pay you and accusing you of stealing to get their way around it, this is a normal trend of low educated Indians. I think your employer is one of them and does not have humanity. You can no way expect human treatment from turkish people-middle eastern--extremists.

These are small fishes in the wide sea in front of you. Whats gone is gone..........don't even channel your energy on them just study hard and find another job. Also be aware that these franchises, convenince stores etc are usually owned by low educated Indians as they do not have the qualifications and skills to get jobs here. Try to stay away from them. Or even if you choose to work. DO NOT GET EXPLOITED BY THEM. I am not generalising that all low educated Indians are bad as some of them are good. Lots nepalese have also done horrendous things to me, too but a few are nice so I also cannot generalise that all of them are bad. Its up to you how you protect yourself.

.file a complain to better business bureau.
- http://www.bbb.org

they will take care of this. also tell them, that they are involved in hiring and luring people to work for them for cash. this way, they are not just ripping those employees, but also the irs, and the state. they are hiding their factual income and stealling sales tax from the state govenment. also, they are not matching contribution to medicare and social security. this is a felony and is extremely punishable. you can get away, by telling the authorities that you were lured into this by them, and you saw a quite good opportunity for yourself to save some $$ for school.

i suggest you contact the local nepalese association immediately. they should know how to handle situation like this.

i was wondering if you could give the details of that restaurant. i would like to call the authorities now and punish them. they haven't paid correct taxes. that is not good in the US of A.

you can also file a complain on this page to punish them your own way.
- http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

Yes great idea get them audited by the IRS. BUGGERSSSSSSSSSSSS! This will give them some sleepless nights.

yipe.. that is best way.. also when u make a complain to the irs, make sure your tax records are fine. the $$ u made of the restaurant, make sure you tell the irs that u will pay taxes on those income as well. just that the business did not want to give u a w-2, and hired you without a w-4 and w-9.

another thing u can do is contact your local television station or newspaper. all they need is a letter to the editor from you, adn you can tell them, that u want to stay anonymous and that u were former employee. then they will go after them. u know they are always after things like this. at least in denver, they do.

thanks kiwi and sujanks,

But my main concern is if I, with many other nepali ppl (student) might get in trouble. I will be going to nursing school from the next semester! I don wanna loose my bright career ahead. I was the only one being paid cash in there. Rest of all were given checks. What if they deny that I was working there? I have no proof that I was working there except a small letter verifying that I was working there ( My bad I fear I might have lost that too- coz I never thought something like this would happen!) They have my application with them they wont give it to me nor will they show my punch card!
I really do wanna report them to the better business bureau,but I don know how this all works! I know they have been cheating the corporate office and the government by many other ways too. But the thing is proof right? I wonder if I would be able to collect all that coz its been more than a week that this crap is goin on, and by now I m really tired, lame n frustrated...
But ur suggestions do keep me alive. Plz fill me up with courage.. thanks

hey you are not illigal...the person who make you work in cash, they are the one doing illigal business by stealing tax..and can be charged with felony...if you compain to business bureau that they didn't pay you, they will be in trouble not you.so i will better recommend you to go to business bureau...just screw them up..they will give certain time for your boss to pay for you..if not their license might be in risk....it once happened to my american freind who worked in cash in the construcion work....

First of all most of the labor laws differs state wise.

In your case it seems like you have always mentioned to your employer that you are scared that INS might find out that you are working under table or other that kinda stuff where your employers knew that you are scared. You don't have to be scared at all, your employer is also in fault that they hired a person illegally and paying under table. On top of it if it is a corporate then it is against the corporate law to hire anybody and pay them in cash.

In United States corporate/employer who hires a illegal employees are in more fault then illegal employees themselves.

Your employer is totally threatening you. Why don't you call them and tell them that you are going to the labor department and complaining about the situation. And also mentioned to them that you are also calling their corporate and reporting that you have been paid in cash for a long time and now since you quit they are not paying.

Don't be scared...they are just too greedy to pay and trying to get away from that. If you complain to labor department and if they get caught then their business will be shut down. I am sure they don't want that. What benefit would they get by sending you home and shutting down their profitable business.

Take my advice-call them and tell them that if you don't get paid then you are calling labor department and their corporate. And if they think it is threatening only then do call labor department as well - even though u are illegal they will provide u a lawyer for free and will go and inquire everything. It is also in your best interest if they are some other people working under table - you will surely win the case.

Don't get scared - just believe that you worked for somebody and you need to get paid.

miss don't be scared.....you can work in cash..and its not illegal...the person who hires you in cash is illegal..hey i am telling you what i know..if you go to better business berueau they will help you....

and there are many cases just like yours in business buerau and you will feel ohh its not only mine...dont' be scared..

Misssssss

It is better not to do much about this, as like I said don't waste your time and energy on this. You need to learn to protect yourself. Concentrate on your career.

It is not worth it for a few hundred $$'s. More will come if you study hard now. Channel your energy on positive things. This does not mean that you are coward. You are just being smart by saying to yourself that this is just not worth it.

Good Luck wow you will be a nurse one day feel good about this and just cheer up.

misss,

first, stop talking about your situation online. second, play it straight with these asswipes. meet them both in person at the same time, have a witness with you--preferrably an older white male. tell them that this is their last chance to pay you IN FULL on the spot what they owe you. do not let them start threatening you---you are NOT, repeat NOT there to have a discussion with them. do not threaten or cajole them.

they will refuse, of course, and will try to put you on the defense. simply tell them that it is a shame that they want to let what little they owe you affect their business.

turn and walk away. have someone report them in writing to IRS, ICE, local police, and especially the president of the corporation/restaurant chain and board of directors.

there is NO WAY in hell they will report you, as that would implicate them for hiring illegally, cheating on taxes, etc. they could lose major $$$, and we both know that's all those dipwads care about in life.

and, please, don't work illegally anymore, ok? good luck, and stand firm.

kiwi, as u said I do have wasted a lot of my time, and energy after this. I've been taking off from my on-campus job just to drive almost half an hour n talk to them... But they wont listen. The guy over there shouts to us with so harsh tone, not even my parents have done that to me. Wont u feel like crying out if u were in my shoes?? I miss home....

It makes me feel so good to see that there are so many ppl here in sajha who really do care besides just loggin in to have some fun..

One more question, after all that happened I cant trust them. Since they have my SSN, Is there any way that i can protect it from being misused?? I m goin to see the Nepalese association ppl just to see if they can do something?

thank u all I will keep on checking ur advices. Forgive me if I m not able to respond tonight. I hope to be back tomorrow with a lot more pessimistic thought...

Misss! I am so sorry to hear your problem! Had that same problem myself once, but I didn't lose much. Just 2 days ko pay hola. Plus in a way, I contributed to it as I quit when working. Just packed my stuff and ran out of the shop..hehe. Couldn't stand working with this nepali guy in there. That shortie thought he was quite a hero..puke!

Timro ta no win situation raicha. I mean even if U reported them to authorities..U will get in trouble too. I don't know...but I suggest U take some nepali dais or some guys and threaten those ppl. Got any gunda looking friends/dais? Ask them for help!! Come on U sajhaites..help out this sis!

Missss,
Wow....you on the interesting situation. Just go ahead and forget about it, there is nothing you can do anymore. in future, if you working like this again do not give them notice and any bull to your boss, get your paycheck and next day you dont come back, if you want to notify them, from next day you call a sick for few days and boss will find someone else to replace you.
depending on the states and city policy, even you report to LaMigra, its not going to hurt your boss, even if it did, first offense is $5000 dollars but if he files the stealing charges against you, then eventually you will be reported to INS for unauthorized employment and you have to go through removal proceedings, your school career is over--- i am sure you dont want to take that chance since everyone comes here with big expectation and aim to suceed. as far as IRS complaince is concerned, IRS doesnt check for Immgration, as long as you work on check using SSN, they are okay with it.
dont feel too bad about it, its a good thing that happened to you...now you saw the taste of America as well as you going to learn from it--- life goes on.... stick around with your goal and study hard...you gonna be just fine my friend.
Good Luck-- semester on the roll....Study hard