What can you do when an employer doesn't pay?

[JamesSavik]

Late in February I was recruited by a contractor to be part of a team to upgrade a number of stores that had been purchased by a national chain. 

 

I was offered a nice hourly rate and mileage so I went to work installing network wiring, equipment and point of sale stuff so that the new stores data systems were up to their national standard. I spent about a week working at each of three sites in rural Mississippi.

 

I put in over 100+ hours and several thousand miles on the road.

 

Now the company is all excuses about paying me. We cut the check. It's in the mail. Bullshit, bullshit and of course bullshit.

 

Now what do I do?

 

I've spent a lot on gas and expendables to make the work happen and I'm left hanging for several thousand dollars.

 

My rear end in in a sling. I'm so broke I can't even pay attention... or start another job.

 

 

[hh5]

that company should have just paid you and not have to deal with issues of the position you undertaken

they would have been free n clear

 

now they cross the line ... employment lawyer ... a lawsuit for that plus damages

you have to check for a lawyer who will take the case without payment

the hopes is that if they win they take their percentage

 

http://msemploymentlaw.wordpress.com/

http://www.lawyers.com/labor-and-employment/mississippi/find-law-firms-by-city/

 

Re-Read your contract to see if any gotcha's are there?

I guess you will have to visit each lawyer for free consultation until you find the lawyer that you can trust

 

I hope this company is real rather than spooky.

 

I am not sure if you need to contact a news station ...

you know the ones that help people but then it takes gutts to have your story air on the news 

Edited March 26, 2013 by hh5

[Fishwings]

Late in February I was recruited by a contractor to be part of a team to upgrade a number of stores that had been purchased by a national chain. 

 

I was offered a nice hourly rate and mileage so I went to work installing network wiring, equipment and point of sale stuff so that the new stores data systems were up to their national standard. I spent about a week working at each of three sites in rural Mississippi.

 

I put in over 100+ hours and several thousand miles on the road.

 

Now the company is all excuses about paying me. We cut the check. It's in the mail. Bullshit, bullshit and of course bullshit.

 

Now what do I do?

 

I've spent a lot on gas and expendables to make the work happen and I'm left hanging for several thousand dollars.

 

My rear end in in a sling. I'm so broke I can't even pay attention... or start another job.

 

 

Shittt. I'm not an expert in this area but I think there's a time limit in which you can file a complaint since your employer is breaking the law. I'm not sure what the time limit is in there in your area but I think you visit this website:

 

http://www.dol.gov/

 

To contact your local state labour. I'll try to do some more research in the meantime to help.

[Maximoff]

Are you part of some kind of worker's union? Did you sign a contract with some kind of collective bargaining? In that case you can point to that. They did this once for a friend, my friend was a bit too eager to sign a contract, so it wasn't until when she was supposed to be paid that she realized that her contract told her that she wouldn't be paid until the end of the year (and it being may)...

[Zombie]

Can only comment from a UK perspective:
1/ There is a contract whether it's in writing in not
2/ If it's written, obviously check its terms for payment etc to establish:
- where they are in breach [may be more than one area]
- what they should pay you and when [expenses, timescales etc]
- dispute resolution terms
3/ If it's not written there may still be implied terms [under general contract law] and maybe also under statute [state? Federal?]
4/ Collate all your records - emails, documents, notes of meetings and discussions etc including dates and names [e.g. who said "the cheque's in the post" and when] - which you'll need to evidence your claim
5/ Submit a formal invoice to the contractor billing department or principal together with an itemised breakdown of your claim plus deadline for payment [e.g. "7 days from receipt"] and payment method [e.g. direct into your bank a/c] and send by registered post [keep mailing receipt]
6/ Consider approaching the national chain - they may be able to apply pressure to the contractor, especially if they've not yet paid the contractor in full. Assuming the chain is reputable they will not be happy dealing with a delinquent contractor - if that's how they treat their workers what does it say about their fitness and properness and trustworthiness to be installing the chain's sensitive data systems? If I was that chain I'd be pretty concerned.

Good luck.
 

[Finn]

Indeed. I've contacts who've faced similar, and I can only encourage (strongly!) that you law their asses so hard, they'll hurt till the next pay-period. Like, seriously, I just loath such malpractice on the part of anyone--especially employers. My own boss (I'm employed unlegitly, unfortunately; yay, stuff beyond my control!) just rapes my paycheck, even though he said he'd deliver my dues. My mother, too; she's currently involved in a court case against some company because said bastards didn't quite pay up.

 

Seriously, man, just bring American civil justice upon their heads. Do everyone who can't quite fight back the favor of just smoothering these guys.

[Gene Splicer PHD]

You are up against the most common of IT contract players, the "do the work and we screw you" IT contract service. There are many, and I've been burned by them. They prey on small companies and independents that believe you don't have the ability to force them to pay. And to take their contracted fee, which is usually way less than you'd get on a contract you secured on your own.

 

They are wrong. You can get them to pay.

 

You need a lawyer to put some pressure on that contractor, and you may, depending on the contract, may be able to file a lien. Or get as close to it without actually filing one, but the idea is to pressure the end-user about your non-payment. The lawyer needs to send a letter, on letterhead, to the contractor demanding payment. A copy of this letter should also be sent to the legal department of the end-user. You are notifying them that one of their contractors isn't playing fair. This will hopefully, depending on the nature of the contract and the relationship between the contractor and the end-user, put pressure on the contractor to pay you. The idea, again, is to use the end-user to force payment.

 

So, get out your documentation. You documented every site visit, your mileage, your hours. Get that all in a summary format that you can send along to others. If you have documentation that you were on site, and have signatures from on-site staff stating you were there and correctly performed the work, include that. Include any documents you received from the contractor about your site visits, when you were expected, etc, and if there are signed timesheets or work documents you submitted - even online - get that together too. And of course, include your invoices. Basically, you need copies of any documentation like emails, etc that corroborate your work.

 

If you can't afford a lawyer, use a collection service that will work for a cut of the payment. That will be steep - something like 25%, but it's better than nothing.

 

In the meantime, dig out your contact list and go get some work. Don't let them get you down, you've got things to do.

Edited March 27, 2013 by Gene Splicer PHD

[JamesSavik]

I was able to resolve this late this afternoon.

 

The boss came clean and admitted that he was cash short until he got paid by the customer.

 

Thankfully- it's all worked out before the lawyer stage.

[rustle]

For future reference, your state may have a state agency which might be able to help. In Texas, that's the Texas Workforce Commission. Whatever agency handles unemployment would probably be the correct one to contact.

 

The prime contractor may have had to take out a payment and performance bond you could file a claim against, also. It's critically important you file claims within a certain time period, so if you are ever stalled by an employer who owes you money, even for one day, get that claim filed. The contract owner, the one who ultimately pays the bills, can provide you with info on this.

 

If you aren't paid on time, no matter where you are, the most important thing is to act immediately and pursue all your options. Remember, even if your boss is your best friend, business is business. Look out for your interests. Even undocumented workers in the U.S. illegally have a right to be paid, in full and on time, and not all government agencies are obligated to report you to immigration authorities. Many of them don't even care.

[Slytherin]

I am so glad it worked out for you ! I got so angry when I read your topic last night and I was angry when I woke up this morning ! I hope you get your well-deserved money soon !!

 

[Zombie]

Eeek, an angry bear