Employer teminated without notice and no payment

[Kavindra]

I worked on a clint site untill November 2008 then gone for 1 month's vacation. My company paid me (end of December 2008) for my work done untill November + accrued Vacation. While I was on vacation, my company (without notice) laid me off by just sending an email, mentioning about my termination. Afterwards, they've deleted my user name and other details from their database.

HR told me that it's just a formality because I'm not with an active client.Also, they've stopped paying my salary i.e. no paystubs.

I was on their H1B (H1B was not revoked) untill I got my visa transferred to another company in April 2009.

Question:
1) Am I eligible to receive salary from my previous employer for 5 months (from Dec'08 to April'09)?

2) They've already denied any salary, so in this case, is it advisable to report it to USCIS/ labor department?

3) Is there any way by which I can claim my lost salary?

Thanks

[npriyadarshi]

Employer teminated without notice and no payment

Per my common sense, once they have terminate you, you can not claim any salary.

However, if your contract says that they were supposed to give you any notice period, you can ask the equivalent amount of compensation.

neel