So my cheap employer stiffed me on my last check...

[elehhhhna]

I was one of their top moneymakers but grossly underpaid - exploited, really - and as a result I secured a new position with unlimited opportunity with one of the best companies in my industry.

I gave notice Tuesday and they sent me home. They have now paid me (via wire) for two days - when they owe me at minimum for five (they sent me home Monday when I gave notice -- they're pissed I'm leaving--and I'm not demanding pay through the notice that was ended, although that's what decent employers do, or for the sick day during which I was actually interviewing for the new job.)

They screwed me & others on bonus last year due to "cash-flow problems".

I told them via email that they need to square this up today as if I am forced to file a wage claim I'll also claim for the short bonus and overtime ( a few hours a week but it adds up).

Tell me again how small biz owners are the shit? These folks are just greedy and they seriously lack integrity.

Thanks for letting me vent.

[Drale]

1. My girlfriend is currently fighting with her manager

about money that she is owed. She's on disability leave right now because she hurt her back at work, but they refuse to give her the last check she is owed. It's starting to really piss me off and I kind of want to walk into the bitches office and slap her upside the head. It seems when people become managers they lose their fucking humanity.

[mzteris]

39. It's illegal to withhold someone's paycheck.

Get a lawyer.

And if she hasn't filed for worker's comp. do so immediately. (Did she report it at work? Were there any witnesses?

[Drale]

47. She has a lawyer and she's currently figuring out her options

including suing her Union rep for misrepresentation because he's blocking her in every way imaginable. I think he's being payed under the table by the company and is dirty.

[mzteris]

48. Contact the union directly.

If the rep is dirty, they need to know.

Good luck.

[onehandle]

2. Something very similar happened to me once.

I waited near the owner's car for him to leave for the day and confronted him. He said something non-commital to me and drove away.

The next day one of his staff showed up at my apartment with a check for what he owed me.

As much as I hate big corporate institutions, they do tend to do things by the book as commanded by their HR and Lawyers. Small business owners tend to think that there will be no consequences of their petty actions.

[MOMFUDSKI]

17. Happened to me, too

I was working for a lawyer in Florida and my last check after I gave notice was to have been for 45 hours. She paid me straight time for all 45 hours so I informed her of the labor laws wherein she would have to pay me 40 hours straight time and 5 hours at time-and-a-half. I was new here in Florida (a right to work state) and had lived my whole life in Wisconsin (the seat of labor fer pete's sake) and didn't know how workers are treated down here. So she left the building and I got on the phone with the Labor Board in Tampa and her secretary called her on her car phone to let her know that I was on the phone with the Labor Board so she said I could go home right now and not finish out the day. Fine by me. Then, less than a week later I received a check from her which was actually OVERPAYMENT of what she owed me. I was happy to teach her the lesson that you don't screw with people who know the laws.

[mzteris]

40. what I always say to my boss

don't piss of anyone in HR. You'll live to regret it.

We know the laws - they don't. Very easy for them to run afoul of regulations (there are so damn many!). And you know what they say about payback. . .

[Honeycombe8]

37. Me, too. But I didn't do anything. I was too traumatized by the situation

I'd been dealing with before quitting. I was in no shape to haggle over my paycheck.

[BlueToTheBone]

3. Congrats on the new position

I hope your new job will be what feeds you emotionally as well as physically.

[ProdigalJunkMail]

4. so, your ex-employer is an asshole...

i guess that makes all of them assholes?

file your claim and be done with them.

Oh, and congrats on the new job...sounds groovy...


sP

[WI_DEM]

8. my apologies

I see where they did...

[Zalatix]

32. The point was not that all business owners are assholes.

The point was that they're not all great people or pillars of society.

[ProdigalJunkMail]

34. eh...while that may be true

it isn't how the OP reads...

sP

[YellowRubberDuckie]

44. I think what the OP was getting at..

...was that here on DU everyone always falls all over themselves for Ma and Pop joints and how wonderful they are, when in fact they treat their employees like criminals and money sucks. Every Mom and Pop establishment I've had to deal with is like that because they think they can do whatever they want.

[HipChick]

5. File a claim...

there is no loyalty to any company these days

[Pab Sungenis]

6. Don't tar all small businesses with your crappy employer's reputation

There are good small businesses and bad small businesses. Just as there are a few good large businesses.

All in all I'd say that there are more GOOD small businesses. Also small businesses fuel the economy more effectively.

[nxylas]

22. The last point is the most important

That some small business owners are assholes doesn't change the fact that a country whose economy is founded on small businesses is inherently more democratic than a corporate-fascist plutonomy like the USA, UK or Canada.

[Zalatix]

33. The OP was not tarring all small businesses.

The OP was saying that they're not all saints.

There's a big difference.

[Egalitarian Thug]

7. Some SBO's are good, I wouldn't even say most, not anymore.

The bottom line is that pretty much everybody has figured out that workers have no rights and no recourse in Amercia anymore.

40+ years of "business friendly" government has resulted in fewer laws protecting workers and even those will not be enforced.

[Puzzledtraveller]

10. They can start one of their own, or work for someone else.

My father has a small business, never graduated from high school, and didn't learn english until his late teens. He employs about 15. He pays them what he can to stay in business and not have to lay anyone off.

[Egalitarian Thug]

12. OK. Paying what he can to stay in business w/o layoffs. What does that mean?

I am a serial SBO and as might be expected I know many others. A few are great, some are good and the rest are exploitative, but every one of them can say the same thing.

For instance, the guy that owns 4 parking lot coffee houses, he takes between $200,000 and $300,000 p/year for himself before anything else. He does nothing but paperwork and covers missed shifts, but feels completely justified in paying next to nothing ($3 p/hr) and treating his workers like shit because that's all he can afford. In the 90's he paid $8 - $10 because he had to to get anyone to take the jobs.

This is not meant to be combative, I think it could be read that way. I'm really asking.

[Bradical79]

13. A lot of the more ethical have probably been driven out of business -nt

[Egalitarian Thug]

14. More than a few, for sure. Others just sold and retired or went on to the next thing.

And some of us sold and retired only to be robbed by Wall Street and now have to start again . Such a joy to hit 50 and find yourself back where your were @ 25.

[treestar]

41. The OP can make a wage and hour claim

In fact, those laws are quite good. An employer cannot get away with that kind of thing.

In bankruptcies, unpaid employee claims are the highest priority. They are also highest after the funeral director in estate claims.

[Egalitarian Thug]

45. Yes s/he can, but depending in which state they reside they may or may not get any

action from those entrusted to enforce the laws. There is a big difference between theory and practice.

[Mponti]

9. Just file a claim....

give them a deadline to pay up...then file complaint.....i have helped several friends with this stuff......federal and state labor laws are.explicit about wage theft.....you will win.hands down and feel great satisfaction

[gvstn]

16. Yes

The wheels of justice are slow but labor laws are explicit. The Labor department of your state will go through all your checks and get you what you are owed.

Your boss would be better off just paying but assholes wait to see if you will actually file a claim. Do it! And nitpick on all the small overtime stuff, if he doesn't settle right away.

[ryan_cats]

11. What state are you in?

What state are you in? If you're in California, they're pretty strict on these things.

If you gave two weeks notice and they sent you home, they owe you for ten days. I don't know exactly how it works but if you were fired, they have to pay you withing 48 hours. Since you quit, it might not apply or they might be waiting for the two week period to elapse and then they'll pay you.

Don't let them get away with this.

Good luck on the new job.

[JDPriestly]

15. Call a lawyer who specializes in employment law.

That's who can advise you on this.

[abelenkpe]

18. Had a similar thing happen once

And even though I wasn't an active member in the union I called and asked for advice. A union representative called on my behalf and voila suddenly my paycheck was ready for me to pick up.

If you don't have a union call a lawyer and file a claim. If the lawyer calls your employer on your behalf chances are you will receive your pay (all that is owed you including the two weeks and overtime!)

Good luck!

And congratulations on the new job!

[juajen]

20. Lawyers don't work for nothing. You might not even come out equal if you

hire a lawyer, unless you have a friend or relative who is a legal eagle. Obviously, we are not talking large amounts of money. The labor board is the way to go.

[mzteris]

42. YOu can usually talk to a lawyer free the first time

they also take contingency hires if they think you have a case and they can make money out of it. Yeah, they take a chunk, but you get more than nothing. Plus the satisfaction of putting the assholes through the wringer.

Sometimes merely a letter from a lawyer is enough to get them to fork over. Depending on what they owe you, paying a lawyer a fee to write a letter might be worth it.

Then there are the free legal clinics... they are out there. Especially if you in a town with a law school.

[davidwparker]

19. Be like Obama: "Look forward, not backwards"

And, in your new position, shine.

[sybylla]

21. In my state, they'll let you go back two years for overtime and then let you take double

for your trouble. If there's one thing in the business world that pisses me off to no end it's not paying overtime according to labor laws.

No employer should get away with it. It's not only unfair to employees, it's unfair to every other small business owner out there who plays by the rules and has to compete with those in the market place who don't.

[Lars39]

23. File a wage claim anyway...future employees of this company will thank you.

[prole_for_peace]

24. My former boss held my last check for 3 weeks

I guess he was mad that I had the nerve to find a better place to work. When I tried to give two weeks notice he said "You just need to go now" so I saluted and said "Gladly" and smiled happily as I walked past jealous co-workers.

I called a few times about my check and was told by his assistant that it was just sitting on his desk. So I sent an email to the jackass and cc the state labor board. He put my check in the mail within 5 minutes of getting that email. But I was sort of hoping he would ignore me so I could file a complaint.

[tammywammy]

25. If you put in notice and they let you go

Why would they pay you the rest of the week? You're not working there. I don't think you have a claim for wages for the period between when they let you go and when your notice period ends. You are eligible to file unemployment for the period though. And they owe you for any accrued vacation time you have.

[Posteritatis]

30. The law varies from place to place

In my neck of the woods for instance, an hourly employee has to give one week's notice but even if they're booted out on the spot for doing so the employer's obligated to pay them for that week. Salaried employees are owed their next pay period (or a part if it's a long period like once a month), stuff like that.

It's one of those things that employees usually don't know, and which employers like to try to forget.

I have no idea what the rules are in OP's neck of the woods though.

[tammywammy]

31. It's not like that here

I've never heard of that either.

Learn something new every day.

[elehhhhna]

35. uh, they stiffed me for a few days of WORK, not notice, and this is after

they changed commissions to bonuses and screwed us ALL on our production-incentives. I'll get them, my pretties, and their little dog, too.

[SickOfTheOnePct]

43. Work and overtime they definitely owe you

But not so sure about the bonuses...bonuses, by their very nature are just that. I'd be surprised if they were forced to pay a bonus that you feel you should have received.

[Bake]

26. But but but ... they're the JOB CREATORS!!!

The ENGINE of the economy!






Or not.

Bake

[Liberal_in_LA]

27. glad you have a better new job

[magical thyme]

28. just report it to the state

Even in Maine, where they told me the employer who poisoned me, and who came to my farm and assaulted my animals, can do anything they want and if I don't like it get another job, will get after them for wage theft. The states want their tax money too, so even the shittiest state will back you there.

[lonestarnot]

29. In AZ, when wages are left unpaid for a period, one can ask to be paid treble.

I'm no lawyer. Check with your wage and hour division of your state dept of labor.

[cynatnite]

36. Can't you file a complaint with your local labor board? n/t

[ck4829]

38. Free market - The market is free to do what it wants

[Broderick]

46. hmmm

Good luck to you.


"or for the sick day during which I was actually interviewing for the new job.) "