Legal Question in Employment Law in California
False salary statement given by employer
I am from an Indian Software company working in US in H1B visa.My employer shows my salary more in pen and paper
than actually pays me.There is lot of anomaly in my pay statement which clearly indicates that this is a case of forgery.Whom should i complain about this.
2 Answers from Attorneys
Re: False salary statement given by employer
It makes no sense for your employer to record higher payments to you as they would have to pay higher taxes, worker's comp, etc. on such amounts. Are you sure that the difference between the amount you receive and the amount stated is not due to their withholding of Federal Taxes, State Taxes, Disability, SSI and Medicare payments? Possibly you were also hired out of an agency which takes a fee?
If the amount truly is different, file a complaint with the office of the DLSE located nearest you.
Re: False salary statement given by employer
You can make a claim to the Labor Commissioner. Contact me if interested in having representation making the claim and at the hearings and trial.
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