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How can I get back the salary for the days I worked for a company when they refuse to pay?

I am from India and I worked for a company in US for almost one year. They are the one who brought me here. They didnt treat me well when they relocated me from India & also one another time within United states. So I started searching for a job & I moved within one year. Since I had less time to move I submitted the resignation & gave two days of notice period. But at the client side I worked well & transferred the project knowledge to another person who was nominated by the client. But my company got angry on me & they didnt pay me for the last 1 week & also for the leaves which I didnt take. I requested them so many times but they refuse to pay. I am asking the salary for the days I worked for them & the leaves which I didnt take. It is my money because they got the money from the client for whom I worked but my company is not giving my salary. Is there any way that I can get the salary by complaining to labor department or can some one tell me how I can get it back from them.

Public Comments

1. If you only gave them 2 days notice, the company unfortunately has the right to not pay you for the vacation time you accumulated but did not take. The general rule of thumb is that you must give a company 2 weeks notice before you leave in order to have them pay you out for your vacation. You will however need to look in the company handbook for their company policy. I know that in the company that I work for, I have to give the company 20 working days notice before I resign (due to my position) in order to receive payout benefits. The company should not however have the right to not pay you for the last week that you worked for them and should pay you for that. You may want to check with your local labor office regarding that issue. As far as it being your money, unfortunately since you were an employee of the company and not a contracted employee, the money is legally theirs and not yours. Hope this helps.....good luck!
2. File a claim in small claims in the area where you worked if amount is under $3000. If it is over $3000. file in common Pleas court. It will cost about 35USD to file. You do not need an attorney. The court will award a judgment ordering the company to pay. I collect court ordered judgments here in Ohio. If by some odd chance you were here in Ohio then post a note here and I will try to help you. Otherwise contact the court, they probably have a website. f
3. As far as the days you worked, file a complaint with the federal Dept. of Labor (see link) and they will pursue it. As far as the money for leaves, if you violated a company policy that requires a certain amount of notice before you quit, they probably won't have to pay that to you. You need to find out if there are any state laws where you live regarding paid leave time.
4. You better forget, and make your efforts smoe where else. One should not raise claim which is not claimable.
5. Contact the Labor Department in whatever state you had the job in. The labor department will fight on your behalf because we do have labor laws in this country. You should get paid for what your worked although you might not get any accrued vacation. Most states are now an At Will state which means that either the employee or employer can terminate employment at any time. I would be very surprised if your state wasn't an At Will state. Good luck!