Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Need advice: Employer doesn't want to pay me

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
riverdale Donating Member (881 posts) Send PM | Profile | Ignore Fri Oct-16-09 01:55 PM
Original message
Need advice: Employer doesn't want to pay me
I had a job for about a month. My former employer doesn't appear to be interested in paying my wages. Messages are being left unanswered.
Does anyone have advice on what are the next steps to take in this situation?

Thanks
Printer Friendly | Permalink |  | Top
Donnachaidh Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-16-09 01:56 PM
Response to Original message
1. Call the labor board.
Only they can advise you as to the law in your area.
Printer Friendly | Permalink |  | Top
 
Neecy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-16-09 01:57 PM
Response to Original message
2. File a complaint with your State labor board
Have every bit of documentation you can lay your hands on. Have an estimate of the hours you worked.
Printer Friendly | Permalink |  | Top
 
Ozymanithrax Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-16-09 02:05 PM
Response to Original message
3. What does your contract say?
Even McDonalds has you sign something.

Are you an independent Contractor? Full Time Employee? Part Time? Are you working under the table?
Printer Friendly | Permalink |  | Top
 
FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-16-09 02:13 PM
Response to Original message
4. 1 of the only Debts you can go to jail for not paying
Printer Friendly | Permalink |  | Top
 
Quantess Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-16-09 02:15 PM
Response to Original message
5. I went through this, too.
Contact the Bureau of Labor in your state. The law is on your side, and so is the Bureau of Labor.
Printer Friendly | Permalink |  | Top
 
Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-16-09 02:20 PM
Response to Original message
6. Get in contact with the Labor Board...n/t
Printer Friendly | Permalink |  | Top
 
taterguy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-16-09 02:21 PM
Response to Original message
7. TP his house
Printer Friendly | Permalink |  | Top
 
FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-16-09 02:26 PM
Response to Reply #7
9. The "Final Solution"
Edited on Fri Oct-16-09 02:27 PM by FreakinDJ
LOL - sorry

Do I need to print a disclaimer
Printer Friendly | Permalink |  | Top
 
Q3JR4 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-16-09 02:25 PM
Response to Original message
8. Was gonna suggest the
http://courts.michigan.gov/scao/courtforms/smallclaims/scindex.htm">small claims court, but I'm now in agreement that the Labor Board route would be the best bet.

Q3JR4.
Printer Friendly | Permalink |  | Top
 
ChoppinBroccoli Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-16-09 02:34 PM
Response to Original message
10. Send Your Employer A Letter
First of all, is this a FORMER employer or a CURRENT employer? And if it is a CURRENT employer, do you want to continue working for him/her? If you no longer work for this person, and have no desire to do so in the future, you can and should start the legal ball rolling. Here's how you do it.

Your first step is to send your employer a letter stating SPECIFICALLY how much money you believe you're owed, what the money represents (X number of hours, at Y rate, incurred during Z period of employment), and that he/she has 30 days to pay you in full. If the money is not paid in full by the date specified, you intend to pursue any and all legal remedies available to you in order to collect the debt. You might want to call your local bar association and ask if your State has any required language that you MUST include in your demand letter in order to comply with the Fair Debt Collection Practices Act. Then you wait 30 days.

If, after 30 days, the debt is still unpaid, and your employer has failed to make other acceptable arrangements, you file your lawsuit. Consult the local rules of the Courts in your County to see which Court you should file in (in most States, if the amount is less than $5,000, you can sue in Small Claims Court, and if it's less than $20,000, you can sue in Municipal Court). The Clerk's Office at your local courthouse may be able to answer that question for you as well.

Assuming that you successfully sue your employer, and win a Judgment for the amount in question, you can then start the collection process and work on actually getting your money.

You can also report your employer to the State Attorney General, if you like (as mentioned above), or try to get help through your Union Rep (if you're in a Union). But I think you'll find that most Courts (particularly people who work in the Clerk's Office) are willing to help walk you through the process if you decide to sue.
Printer Friendly | Permalink |  | Top
 
tsuki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-16-09 02:37 PM
Response to Original message
11. He owes you matching payroll taxes. Contact the IRS. nt
Printer Friendly | Permalink |  | Top
 
notesdev Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-16-09 03:38 PM
Response to Original message
12. Leave one more message
and make it clear that it will be far more expensive for them to defend the civil and criminal actions than to simply cough up what they owe you.
Printer Friendly | Permalink |  | Top
 
cap Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-16-09 03:44 PM
Response to Original message
13. if you are a w2 employee and didn't get paid,
you are on incredibly solid ground to get all your wages immediately. It happened to me once, and I saw an attorney... My god, I never saw an attorney jump down someone's throat so fast. I thought if he could reach through the phone wires, he would have strangled the guy. I got paid immediately.

The way the attorney explained it was this: Slavery went out in the 1860's. The right to collecting your wage for your labor is fundamental. If the case goes before a judge, your employer is screwed and he gets to pay penalties. Oh yeah, and never mind reporting him to the Department of Labor. They have their own set of penalties as well.

We did elect a Labor-friendly administration. :)
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Sun Nov 03rd 2024, 07:15 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC