Posted by Becky on 4/14/05 12:08am
Msg #31679

Off topic help

I have been working part-time in a store. The agreement I had with the owner was that she was to pay me weekly. Back in February, a large payroll check bounced (which included o/t for Valentine's Day work). I only realized this two weeks after I made the deposit. Apparently she has a really bad reputation around town for passing bad checks. I have not been able to collect what she owes me including overdraft bank charges. I came to find out that she's had previous employees who left because of similar situation.

I realize that she didn't have the money to pay. It's not that she's an extravagant person and spends the business money on personal things. Her business was just not doing well with cash flow - although she has managed to continuously purchase supplies while there are outstanding wages to be paid to several employees. I was trying to be understanding at first but she kept coming up with excuses after excuses and she would not return my phone calls.

She has been dragged to small claims court several times. And I don't think this is the best route for me. It would take too long for me to get paid. Since she has been able to purchase supplies to keep her business going, I'm sure she has some money to pay me, but her priority is not payroll.

I was thinking that I could threaten her by telling her that I would notify all her house accounts of her ill business practice regarding paroll and her Landlord. 70% of her business is from her house accounts. I thought that I could also notify the State Board of Equalization, the BBB, the City, the DA's office and Labor Dept. It seems to me small claims court is not going to scare her. I am quite certain that some of the previous employees would be willing to attest to her repeated offense of writing bad payroll checks. One of employees (whom she still owes money and who no longer works there for obvious reasons) suggest that we picket outside her store.

Do any of you have any suggestions? TIA

Reply by Ernest_CT on 4/14/05 12:21am
Msg #31683

Do NOT spread the news to her clients!

Go to your state's Department of Labor. Tell the facts, and only what you personally know, not what you've heard. If you can encourage any other (former) employee to put in a report, do so, but don't put your two (or more) cases together.

The Department of Labor has no sense of humor about employees not being paid.

Do not have mercy on your former employer. No matter what she says, it is her responsibility to meet payroll FIRST. If she has to sell her business, then she has to do it. There are no acceptable excuses. None.

Please don't tell us you were working under the table. (sigh) If you were, you're toast.

Reply by BarbaraL_CA on 4/14/05 12:48am
Msg #31688

I agree with Ernest, but another thought is...

Is she paying her business payroll taxes? If not, you could report her to the IRS.

Reply by Becky on 4/14/05 12:56am
Msg #31691

Re: I agree with Ernest, but another thought is...

I know she makes the deductions from our payroll checks but I don't know if she pays taxes. Wouldn't the IRS figure that out on their own?

Reply by Ernest_CT on 4/14/05 1:39am
Msg #31706

She wouldn't be the first employer who did ...

... the payroll deduction but didn't pay the IRS.

Start with your state DOL. Depending on your results, contact the feds.

Best of luck!

Reply by Anonymous on 4/14/05 5:27pm
Msg #31832

Re: I agree with Ernest, but another thought is...

I have a friend whose husband turned in an x employer because the guy was refusing to give them a W2. A few months later the friends husbands student loans had ALL been forgiven by way of reward. If this person is being shady with you, she may be cheating the IRS as well.

Reply by Bob-Chicago on 4/14/05 12:23am
Msg #31684

Not legal advice, but

There is sometimes a name for telling someone, that if they do not give you money (even if they owe it to you) that you tell bad things about them to other people. I have heard it referred to as Blackmail, which may be a crime in some states.
It may also be a crime to refuse to pay wages earned by employees.

Reply by Ernest_CT on 4/14/05 12:26am
Msg #31686

Re: Not legal advice, but

That's one reason for not spreading the word to the businesses customers or suppliers.

It certainly IS a crime not to pay wages. In CT (last thing I knew) they must be paid within two weeks.

Not legal advice, of course!

Reply by Becky on 4/14/05 12:53am
Msg #31690

Do I understand this correctly? That I cannot tell her clients that she owes me wages? These are facts, not heresay and I am the direct victim. I also know for a fact that at least on one of her house accounts, she does not fulfill her obligation but bills them for full fee, without their knowledge of course. You see, her business is gift baskets. One of large client is a dentist who sends small $25 care baskets to their clients. The dentist's office would send her a list of names on a weekly basis whom to send the care-baskets too. She doesn't always send to every person on the list, but bills the dentist for them. I knew this when she asked me to prepare statements once and I know for a fact who didn't receive the baskets. Could I legally notify the dentist about this?

Two of us are employees. One other person is a 1099 temp help. Could the latter complain to the Labor Dept as well? If not, what options does she have?

Reply by Bob-Chicago on 4/14/05 1:18am
Msg #31693

As I understand it, the problem for you comes in if tell someone
"If you do not pay me , I will spread to truth about you"

Reply by Becky on 4/14/05 1:22am
Msg #31698

I see what you're saying. So, the only thing for me to do is to go to the Labor Dept. Why don't I feel this is enough to scare her.....And I probably won't see my money for a while.

Reply by ZLee_Califia on 4/14/05 1:21am
Msg #31696

Re: Off topic help-Wages are First

In California, I understand that wages come first. A worker's wages must be paid first, even if the company declares bankruptcy. Good luck. The law is on your side.

Z

Reply by Cyndi_AL on 4/14/05 8:19am
Msg #31723

Re: Off topic help - Becky

"One of large client is a dentist who sends small $25 care baskets to their clients. The dentist's office would send her a list of names on a weekly basis whom to send the care-baskets too. She doesn't always send to every person on the list, but bills the dentist for them. I knew this when she asked me to prepare statements once and I know for a fact who didn't receive the baskets. Could I legally notify the dentist about this?"

Oh my goodness. And how long have you known about this? I don't know the legal aspects, but that is wrong, just plain wrong - that's almost like fraud. He has paid for a service for his important clients and apparantly was comfortable in the fact that it was being done as ordered. Personally, I would send an annoymous letter to the dentist. (I have done that before. I'm not in the same field, but I saw where a church, of all places, was being taken for funds that they should not have been responsible for, so I send an annoymous letter.) IMO, he has every right to know. If word got around, it could affect his business in a negative way. I'm sure this is not the first person that she has cheated out of a service.

Hope you get your money soon. Oh, and I definately wouldn't ask for another check unless it was certified. I'd insist on cash or a money order.

Reply by Ernest_CT on 4/15/05 10:34am
Msg #31946

NO! DON'T DO IT!

You will be muddying the waters if you send an anonymous letter, as well as risking legal action against YOU.

As painful as it may be, you have got to stay squeaky clean in order to be above reproach. Once you stoop to badmouthing your former employer you will loose some credibility. Keep to the moral high ground and you will be successful.

Reply by Becky on 4/14/05 1:31am
Msg #31702

Surely there must be something else I can do other than complaining to the Labor Dept. I realize that this is a major offense for her but I want to be practical. I just want my money and I don't want to have to wait too much longer.

Reply by Ernest_CT on 4/14/05 1:46am
Msg #31709

In my opinion, you've reached the limit ...

... of what you should reasonably expect from us.

Go to the Labor Department. Do not spread anything, truth or not, to your former employer's clients. Do not make threats, even if you plan to follow through. Get legal counsel.

Move on, please.

Reply by ZLee_Califia on 4/14/05 1:50am
Msg #31710

Put it in writing to her

Write her a polite but to the point note, telling her you have stayed there because you enjoy your job, however, she is being unfair in expecting you to work without pay and has not shown you appropriate respect by giving you a check written on insufficient funds in February.
Personally, you have to ask yourself why you stay in such a stressful atmosphere, never knowing if you are working for nothing. Certainly, you're worth more than that kind of treatment. Tell her in your letter that you would prefer to settle this matter with her personally, rather than taking further measures to resolve the situation. Be subtle, but let her know that you have other options to get your money. It's happened to many of us. It's one of life's lessons. Good luck.

Reply by HisHughness on 4/14/05 7:55am
Msg #31720

In many states it is a specific criminal offense to write a hot check for wages. I would check with my county attorney. Don't threaten her with it; do it. If you threaten, then the county attorney may think that you are using him as a collection agency (which of course you are) and show no interest.

Reply by Melody on 4/14/05 10:28am
Msg #31743

Hugh is right, as always.

If this happened to me, I would:

1. Visit HER bank every few days to see when funds are in the account and the check could be paid. I would present the check and orally ask if there were enough funds in the account. If no, then I would come back another day. The minute the funds are there, I would tell her bank to cash the check on the spot and give me cash.

2. Report her to the county attorney.

3. Tell the IRS. They won't stand for this for a minute.


I'm not a lawyer, not legal advice, etc etc.

Reply by Lori/CA on 4/14/05 10:33am
Msg #31745

Becky,

I am in CA and had an experience. My payroll was paid up until this last final check. Each check has been 1-2 weeks late. I had to give notice 1 1/2 weeks ago as my husband walked out on us and I would have to find another way to make the money and get paid on time. At the time I quit he had 72 hours to send final pay. The mark was on Friday and it was not received. I email to get status and response was I will call in your payroll Thursday and have it sent out. Been there done that and he does not.

I called Labor Board and he must pay my daily rate of pay starting Saturday (this includes Sundays as well) until the check arrives. If he chooses not to, then I send in my claim form and Labor Board will collect that along with additional penalties.

Try calling your local Labor Board to get the information you need to claim your money back

Hope this helps! Lori