Q: My Ex employer not giving me experience letter since he incorrectly says he is in loss because of me
In California, My Ex Employer is not issuing me experience letter.
My Ex employer says that - he paid me salaries when I was not billable for almost 3 months.
Yes he paid me, but I asked my ex employer to not to pay me if I am not billable. I have said that in emails, within 15 days of start of employment.
After 11 months I left the company since I have to go back to India for emergency situation, for good , thereafter Ex Employer asked me to payback 3 months salaries. For 8 months I was billable hence employer have earned from me.
My question is can I file a case if my employer is not issuing the experience letter since I need it to re-start my career.
A: From your description, you must have been here on a special visa to be able to work as a foreign employee. Because of that you may have a special situation requireing the assistance of an immigration attorney. In normal circumstances, a California employer does not have to provide any employee with an "experience" letter. It is not required by California Labor Law. The employer is required to pay you for all hours you work, whether you are billable or not. You are not clear on why you weren't billable, but it isn't an exception to California Labor Law. I recommend you contact an Immigration specialist ASAP. Do not delay because there may be a statute of limitations in effect that will affect you. Thanks for using Justia ask a lawyer.
A:
If the employer continues to refuse, you may consider legal action such as filing a small claims suit or seeking an attorney's assistance for potential breach of contract or other applicable causes of action. Remember to retain all relevant email correspondence and any other evidence that may support your claim.
Sincerely,
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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