Hi all, There's a lot to unpack here so sight tight for the ride. I work(ed) for a small scale startup that is in pre-series A stage. Beginning of Jan this year, the company was running short of funds and my manager, who is the CEO, decided to do a 50% deferral on everyone's salary. 50% of the salary would be deferred and returned later post series A if you're still employed with the company. I had just received my H1B and i wanted to go home to get the stamping done so i had no choice but to accept the deferral. This deferral was supposed to end by May end (it wasn't an official end date but more like a word of mouth) but it went on and continues to this day today. Come June, one of the most crucial team member leaves and because of which the workload increased. And there was a good amount of time in which we were working 12-14 hours per day. I worked some weekends and didn't get paid for any of it. And we had priorities switched 3 times within a span of two months. We keep a list of tasks on a platform to keep track of the status. Only the manager is allowed to mark it complete or switch dates. So because of changing priorities the tasks were changed and I had to work on different projects at different points of time so the other tasks got neglected and the dates were not switched up until the end of the due date. I was basically being overworked and underpaid, not to mention the micromanaging. Over time i started answering back and started refusing to work after 7.30pm or over the weekends and which really frustrated my manager because i would not work as a slave basically. Today, the company is on fumes in terms of the funding and we are in the middle of our series A. This monday i had to take absence from work because i was out during the weekend and got stuck due to the hurricane and could not make it back home in time. (I asked for a day off two weeks back and i was yelled at for asking it because there was a crucial meeting that happened to get scheduled on the very same day last min, and i reminded them i needed the day off, which i did not get btw). I joined our call through phone and my manager basically told me to take the week off since i wouldn't be able to contribute to the meeting. I told him i only need the day off, which would be my first day off since the time i came back from visa stamping in march this year, i will be back the same day but he insisted i take the whole week off. He's been complaining about my "performance" for a few weeks since there has been no improvement in the current ML model we built. We have advisors and i have literally been following the guidance of the advisors and doing exactly as they said. I've been working my ass off, working 12-14 hour days atleast 3 times a week and a min of 8 hour workdays. He's basing my performance off of no improvement in the model even though i did exactly as i was told. We had priorities changed from a Patent to a paper to front end development and then to model deployment and improvement all within a span of 2.5 months and I was the only one working on this the entire time so obviously there were few deadlines missed here and there. There was no mention of any performance issues on Friday specifically. I had to miss work this Monday because of the hurricane, like i said above and suddenly he had "performance issues" with me last week. Today i got a call from him and was told i was being let go because "i'm consuming more resources than the company is producing". Also, he is using the missed due dates of those tasks above as a way to say that i'm being let go because of my performance. Also the salary that was deferred, he mentioned that i might not be getting it back since i'm no longer an employee. I just feel like i was completely exploited here and i'm being made the scapegoat for the company. It was definitely my project but he made false promises to the investors regarding performances of the model i built and asked me to improve within the next 4 weeks, which was not feasible without new data or switching up the model completely which would take way longer with all the testing needed. TLDR: Got H1B last year, salary deferred by 50% this in Jan. Overworked beyond regular hours on multiple projects and being let go due to "performance issues" to avoid being paid back the deferred money. So i have two major questions: 1. What are the next steps for me? Do i have 60 days to find another job and if not then i leave the country AFTER that or i have to leave the country WITHIN 60 days if i can't find a job before then. Also, if im out of the US, can i still come back on the H1B if i have an offer? 2. Do i have a legal case against my employer for not paying me the money that i was owed based on the contract i signed? The money he paid me was 50% lower than on my LCA and he assured me that it would be paid as soon as we have our series A within a few months. Thanks for coming to my TED talk. #H1B #layoff #legal
You are being thoroughly exploited, that's the takeaway. If I was you, the moment they halved my salary, I would have switched to working 20 hours instead of 40 and started preparing the other 20. Stop wasting time with these MFerz and use the time to find another job.
Appreciate it! The sad part about going through shit is that you don't see it yourself until it's too late.
No you don’t have a legal case. Companies can change your salary for any future work, not just past work. Idk about your visa but you seem very extra. By this post it sounds accurate that you consumed more resources than you produced. Safe travels back to India.
I might be extra but i'm also right about having set boundaries. You seem like someone who would do this to an employee. I don't mind the hard work at all, as long as i get paid for it. Im not doing shit for free.
Manager is a desi isn’t he?
Yeah lmao. Only desi managers be doing this sorta shit
Gandu saala. Take care, I hope you find something better soon. DM if you want referral at Amazon, you seem to have done plenty of work that can slot you in here.
Ah a typical day in a bay area startup. Shifting priorities and ML model no work why? Been there, it sucks. It looks like all these kind of startup founders follow the same playbook. I just had a question though, was your manager Indian? You can come back to the us on h1b status once you find a job, if you're out of the 60 day window. IMO you do have a legal case against the founder, but a lawyer would be a better person to answer this, you can try avvo or consult one?
Yes, he was. How did you know? I'll try that definitely, i just wanted to get a third person's opinion on the situation. Appreciate the advice, thank you.
Ok I dont have the patience to read it all but for the deferral, is there legal paperwork ? If not, there is a case.
Not legal paperwork but there is an email stating it officially. Irrespective it needs to match what is on the lca no? At the very least.
You should consult with a lawyer. There might be a case. Sorry they screwed you over like this man
Thank you! My plan is to focus on getting a job first and then later on deal with this. As long as it’s not beyond statue of limitations I should be able to file a case right?
Yeah Im not an expert but one would hope there has to be a reasonable timeline. Makes sense to focus on job hunting as #1 given your 60 days. Best of luck!
You need to see an attorney ASAP regarding the deferred compensation. Depending upon the state you are in and the agreement you signed, you may have grounds for a lawsuit. What a horrible company! Regarding H1B, you have 60 days to find a job or change status just like anyone else. Next time, start looking at the first sign of trouble.
Your employer might revoke H1.
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Buddy - add a TLDR. NO ONE IS GUNNA READ ALL THAT.
My bad, will add now.
You’ll add more now ?