contract-law international
How can I sue a USA company while I am in Mexico
<p>I was working for a Indian IT company that hires people from Mexico and sends them to work within other companies in USA. This company has been stealing money from me each month with taxes, and I'm ok with that, because its a small amount. </p>

<p>Now they won't pay me for the last month I worked there. And they want me to fill a W2 form where I say I got paid. This is a Michigan based IT company, but I worked in Florida.</p>

<p>Since the company hires people in Mexico, it should be possible to sue them in Mexico.  If they ask you to fill out a W2 form and to put information in that form which isn't true, they are asking you to commit fraud.  If you have it documented in any way, you can forward this information to a district attorney for a possible criminal investigation.</p>

<p>I just saw your comment and you said that you made less than the federal minimal wage in the US.  Paying less than the minimal wage is also illegal.  <a href="https://www.dol.gov/whd/workers.htm" rel="nofollow noreferrer">US Department of Labor has a website with resources for filing complaints about that.</a></p>

<p>Firstly, there are no geographic restrictions on the plaintiff in a US lawsuit, baring <em>forum non conveniens</em> doctrine, which considering you were working in a US jurisdiction and the company was doing business there, should not be an issue.</p>

<p>(EDIT: As user A.Fm. points out, the real first thing to do is check your contract for a clause determining jurisdiction and/or arbitration. If you do, it will determine if and where you can sue them.)</p>

<p>The first thing I would do is to <strong>hire a lawyer</strong>, preferably one specializing in employment law, and bring/send a copy of your contract. The first step to suing someone is filing a complaint. This is something you will want to have a lawyer do. (Pro tip: Even lawyers generally don't represent themselves in court). However, this is probably not the first step your lawyer will take. They will probably send your former employer a demand letter. It's faster and cheaper for you if they settle than going through a whole lawsuit.</p>

<p>As for your complaints:</p>

<ol>
<li>The tax withholding seems reasonable, albeit a little high. You can request your W2 from your former employer, preferably before your lawyer contacts them. If they don't respond, have your lawyer ask them. As a last resort, you can have the IRS send you your W2 for a small fee. If what was withheld from your paycheck matches your W2, you're fine. Otherwise, yes, it appears that they are stealing from you. Talk to your lawyer.</li>
</ol>

<p>Note that if they are on the up-and-up, they can still over-withhold (the majority of employers do, which is why you hear people talking about their (relatively) big tax return, and what they are going to spend it on); this is not a major problem, just file a tax return (which you are required to do anyway), and your excess withholding is returned to you by the IRS.</p>

<ol start="2">
<li><p>The withholding of your final paycheck seems actionable. This is what you should talk to your lawyer about. </p></li>
<li><p>This is weird, especially after your employment has ended. Most people get a summary of their W2; they don't fill it out. Are you by any chance confusing the W2 with the W4 (which they should have had you fill that out at the beginning of your work for them...maybe that's why your withholding is so high)? The W2 is their responsibility not yours, although it can cause tax headaches for you (and major legal repercussions for them).</p></li>
</ol>

<p>Supplement others' answers:</p>

<p>Prior to filing a complaint in a court of the U.S., it is in your best interest to ascertain whether or not you are required to <em>exhaust administrative remedies</em>.</p>

<p>You mention that they are a Michigan based company. I don't know about Florida law, but in Michigan, the Payment of Wage and Fringe Benefits Act (WFBA) in its statute <a href="http://www.legislature.mi.gov/(S(umhhsg4o1aekfr2sj5q3tftm))/mileg.aspx?page=getobject&amp;objectname=mcl-408-481" rel="nofollow noreferrer">MCL 408.481</a> requires the employee to file a written complaint with the Michigan department of labor (not sure what the agency's current name is) <em>within 12 months after the alleged violation</em>. This applies regardless of whether you intend to sue in Michigan state court or in a (federal) district court located in Michigan.</p>

<p>I gather that you no longer work there, whence it seems to me that your employer is violating <a href="http://www.legislature.mi.gov/(S(jjh5ztwia15j320cumfh4jqa))/mileg.aspx?page=getObject&amp;objectName=mcl-408-474" rel="nofollow noreferrer">MCL 408.474</a>, <a href="http://www.legislature.mi.gov/(S(jjh5ztwia15j320cumfh4jqa))/mileg.aspx?page=getObject&amp;objectName=mcl-408-475" rel="nofollow noreferrer">MCL 408.475</a>, <a href="http://www.legislature.mi.gov/(S(jjh5ztwia15j320cumfh4jqa))/mileg.aspx?page=getObject&amp;objectName=mcl-408-485" rel="nofollow noreferrer">MCL 408.485</a>, and possibly other statutes of the Act. Thus, it is extremely important that you duly pursue this administrative remedy prior to filing suit in court. <strong>I've seen attorneys lose their client's case in Michigan because the attorney failed to go through that process, and instead went straight to file a complaint in the court.</strong></p>

<p>Note: I became fairly acquainted with the WFBA statutes because I sued (in pro per) my former employer: also an Indian's IT company based in Michigan. I <a href="http://www.oneclubofjusticides.com/p/viggers-v-pacha_74.html" rel="nofollow noreferrer">litigated</a> in state court, and the matter is currently pending review in the <a href="https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-1576.html" rel="nofollow noreferrer">U.S. Supreme Court</a>. I was not required to exhaust administrative remedies, whereas the details of your situation suggest that your case strictly falls within the scope of the WFBA. Best wishes.</p>
