I worked for a US-based IT services company listed on NASDAQ, at their India development center. In January 2016, they transferred me to the US on an L1A visa, keeping me on their payroll. I resigned in July 2016 due to personal reasons. Before leaving, I had accumulated some leave travel benefits in India. When I asked for this amount, they deducted $500, claiming it was owed to them for a trip I took. I have proof that I don’t owe this money, and they acknowledged it, but still refuse to refund the withheld amount. I want to take legal action to recover this money. Can someone advise me on how to proceed? Also, I’m unsure where to file the case – India or the US?

Apni Law
Apni Law
Law Forum › Category: Labour & Service › I worked for a US-based IT services company listed on NASDAQ, at their India development center. In January 2016, they transferred me to the US on an L1A visa, keeping me on their payroll. I resigned in July 2016 due to personal reasons. Before leaving, I had accumulated some leave travel benefits in India. When I asked for this amount, they deducted $500, claiming it was owed to them for a trip I took. I have proof that I don’t owe this money, and they acknowledged it, but still refuse to refund the withheld amount. I want to take legal action to recover this money. Can someone advise me on how to proceed? Also, I’m unsure where to file the case – India or the US?
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Apni Law Staff asked 6 months ago

I worked for a US-based IT services company listed on NASDAQ, at their India development center. In January 2016, they transferred me to the US on an L1A visa, keeping me on their payroll. I resigned in July 2016 due to personal reasons. Before leaving, I had accumulated some leave travel benefits in India. When I asked for this amount, they deducted $500, claiming it was owed to them for a trip I took. I have proof that I don’t owe this money, and they acknowledged it, but still refuse to refund the withheld amount. I want to take legal action to recover this money. Can someone advise me on how to proceed? Also, I’m unsure where to file the case – India or the US?

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Best Answer

Apni Law Staff answered 6 months ago

You can file a case in India against your former employer for recovery of your leave travel benefits. As your employment contract was governed by Indian law, you can seek redressal in India. You should consult a lawyer specializing in employment law to advise on the specific legal course of action.

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