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 Message Boards » » (former) employer won't pay me. ideas? Page [1] 2, Next  
superchevy
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so i was working a shitty minimum wage job, and ended up quitting without notice. the owner rarely pays any employees on payday. we usually get our checks a few days late, which often bounce anyways, or we'll get paid cash under the table in small increments. for this reason, and several others, myself and another employee quit this past friday.

that saturday evening, the owner sent text messages to the other employee basically saying that "he would makes us hurt like he did (for not working saturday night)". all the employees know that he routinely will hold a former employee's check for weeks or a month for no other reason than spite. we went to the business to get our checks on monday. the owner tells us he mailed our checks. this is a b.s. excuse he gives everyone. when asked to see my paystub or something showing what my pay is, the owner straight refused. when i asked when he mailed it exactly, he would only reply "i mailed it". this is after we told him we know the checks are in his office because a) we saw them the previous night; b) other employees told us they saw the checks also. i called the nc labor board on the spot, and the woman told the owner he had to release our checks my midnight per state law. while on the phone with the labor board rep, the owner says he'll give us our checks in our hands that same monday. as soon as he hangs up, he recants that promise and basically tells us to fuck off.

what can i do to get my paycheck asap? complaints have been filed with the labor board (could take forever to work it's course), the franchise's corporate office (who apparently can't do anything), and spoken to a lawyer (who can only suggest a lawsuit, which will obviously take time).

10/8/2009 5:17:31 PM

Noen
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not shit you can do.

best bet is to take him to small claims court and attempt to file a lien against him and his business. Don't know if that's even possible but if you can, it will force him to pay you before he can do anything on credit, get loans, et al. But you need to talk to the lawyer about that.

10/8/2009 5:28:05 PM

evan
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get a deputy/officer to escort you to the premises to recover your check, considering he's now in violation of NC law

10/8/2009 5:28:07 PM

ambrosia1231
eeeeeeeeeevil
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Quote :
"what can i do to get my paycheck asap?"


You said other employees have seen yall's checks in his office.

Does he leave his office often? Is there a way for any current employees (obviously, ones you trust) to snag your check (and, if they're feeling nice, the checks for those who quit with you) and deliver them to you? Clearly, this is risky for them, but if they're about to quit anyways...

I'm wondering if he's waiting to give you your checks not only to be an ass, but also for when his account is the emptiest, and they're most likely to bounce, causing you more trouble.

You mentioned this was a franchise...of what company?

Something else you can do is basically picket his business. It's even better if you can do it without needing the "he treats his employees like shit" angle (e.g., for a restaurant, copies of health inspection reports with egregious problems highlight, or BBB complaints, or other such things) - stuff that even if people think you're just grinding an axe, there's documentation.

Basically, motivate him to give you your checks

These are all stop-gap suggestions until ^^ is done and while you're letting the gov't take its dear old sweet time do its job.

[Edited on October 8, 2009 at 5:29 PM. Reason : df]

[Edited on October 8, 2009 at 5:30 PM. Reason : sdd]

[Edited on October 8, 2009 at 5:41 PM. Reason : omgformat]

10/8/2009 5:29:05 PM

Restricted
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Him not paying you is a civil matter; you or someone you know taking your check from his desk is a legal matter. USA #1.

[Edited on October 8, 2009 at 6:04 PM. Reason : ....]

10/8/2009 5:47:44 PM

djeternal
Bee Hugger
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If I'm not mistaken, a company has 30 days to get employees their final check upon termination of employment.

Do you have any company property (a uniform, nametags, etc etc). Again, I'm not an expert, but I think they can legally hold your final check until those items are returned as well.

[Edited on October 8, 2009 at 5:59 PM. Reason : a]

10/8/2009 5:59:09 PM

Stimwalt
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I would call him at home non-stop.

10/8/2009 6:06:45 PM

pooljobs
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Quote :
"Again, I'm not an expert, but I think they can legally hold your final check until those items are returned as wel"

only if you signed something explicitly giving them permission to do so. the department of labor is your friend here, their inspectors move pretty fast and should be able to get your money.

10/8/2009 6:11:00 PM

theDuke866
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Assuming there isn't more than one side of this story, I wouldn't stop with just getting my money. If this asshole really is doing exactly what you describe here, I'd make damn sure that he faced the long dick of the law.

10/8/2009 6:37:03 PM

Perlith
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Quote :
"you need to talk to the lawyer about that."

Quote :
"I'd make damn sure that he faced the long dick of the law."


As has been said, there is not a way you can legally get your money "now". About the only thing you can do is present a formal letter via certified mail to the business owner with a detailed summary of what has occurred, signed and dated, and politely saying, "If this cannot be resolved, will seek legal options to have resolved".

It will take time to have it released. If you do plan on pursuing this, start collecting paperwork, contact information, etc. to have available if needed. If when you arrive to court and it becomes a "he said she said" discussion without evidence, sorry, you will have wasted your time AND still be without a final paycheck.

[Edited on October 8, 2009 at 6:44 PM. Reason : .]

10/8/2009 6:44:17 PM

HUR
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Quote :
"Him not paying you is a civil matter; you or someone you know taking your check from his desk is a legal matter. USA #1."



lol

10/8/2009 7:16:58 PM

arcgreek
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This sounds like the Charles Dennings of bosses

10/8/2009 10:36:47 PM

eleusis
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just take the check off of his desk. it's already in the mail, so it's not like you could have stolen it.

10/8/2009 10:43:06 PM

jcs1283
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1) Take red Swingline.
2) Burn building down.

10/8/2009 10:50:56 PM

jethromoore
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^^^^I thought you said the law was powerless!


Powerless to help you, not punish you.

10/9/2009 8:11:14 AM

DaBird
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call the NC dept of labor.

10/9/2009 8:25:57 AM

wolfpackgrrr
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call the NC dept of labor.

10/9/2009 8:59:30 AM

bobster
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Quote :
"i called the nc labor board on the spot"

10/9/2009 10:31:49 AM

Skack
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Window called. He said he's been expecting a visit from The Brick.

10/9/2009 10:36:24 AM

Igor
All American
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^ doesnt get him paid

Quote :
"DaBird
All American
6295 Posts
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call the NC dept of labor.
"


read the first post

10/9/2009 10:47:22 AM

DaBird
All American
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oh. i aint got time to read.

10/9/2009 11:03:27 AM

superchevy
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sorry it's taken me so long to get back to y'all, but i forgot i made this thread. here's an update:

so far the owner has lied...
to the nc labor board - told them he called me "several times" to try and get me my check prior to payday (monday). he never called me once. i'm sure i can have call records subpoenaed during a lawsuit to prove this. the only "call" he made prior to monday was sending a text to the other person basically proving that he planned to "make [us] hurt".

a police officer - the other person and i went to the business after speaking with the owner on the phone. he told me to stop calling him via the only contact info he gave us (his cell number). i told him i had every legal right to try and obtain a debt, especially since he specifically told us to call him at the number on his business card. i told him then i will come to the business to speak with him. he dared me to "come and get arrested for harassment". me knowing the law, i called his bluff. he did call an officer. the officer basically reiterated we're not harassing him, and he should give us our checks if he is in possession. the owner told the officer he mailed the checks. i obviously still didn't receive it.

other employee's grandmother - this is where it gets really funny to me. owner tells the grandmother the same b.s. story about mailing the check. he then changed his mind and tells her "i'll call your granddaughter when i decide to give her her check". the owner then names me, and tells the grandmother "tyrone was homeless. i took him off the streets and gave him a job. he fucked me, so i'm fucking him." i shit you not. the grandmother is willing to testify.

Quote :
"If I'm not mistaken, a company has 30 days to get employees their final check upon termination of employment.

Do you have any company property (a uniform, nametags, etc etc). Again, I'm not an expert, but I think they can legally hold your final check until those items are returned as well."

that is somewhat correct if there was an investigation pending. also, this isn't my final paycheck. i will be owed another paycheck after this. and the owner pretty much fucked any chance of using this as an excuse, because he sent that text basically admitting to being malicious and unwarranted in his actions. he also verbalized his intents on several occasions in front of 3rd-party witnesses. he's not a bright one. his wife, who is having to work shifts due to a shortage of workers, even tried telling me that employees are obligated by law to give a 2-week notice before quitting. she was adamant about this. you see the kind of imbeciles i'm having to deal with???


i just thought of the picketing idea before i read this thread. i called a friend of mine who recently passed his bar, but can't represent me because he'll be working for the state. he informed me of some basic picketing laws, and it seems like a viable idea at this particular juncture. so, myself and a couple of other recent former employees who've been fucked are planning on picketing. should be fun.



[Edited on October 9, 2009 at 8:48 PM. Reason : .]

10/9/2009 8:42:54 PM

mcfluffle
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good luck

10/9/2009 8:45:47 PM

superchevy
All American
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thanks. =] anyone have any contacts in the media? i'm hoping public humiliation will light a fire.

10/9/2009 8:51:01 PM

wolfpackgrrr
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Doesn't WTVD still do their troublespotter segment or whatever they used to call it?

10/9/2009 9:09:40 PM

mdbncsu
All American
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Make sure to take pics of your picketing adventure. Even better video tape that shit, especially the beginning where I imagine douchebag former boss will come outside to have a few choice words with you. Good luck.

10/9/2009 9:15:44 PM

bobster
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http://www.wral.com/5onyourside/consumer_complaints/page/1001542/

10/9/2009 9:50:08 PM

Spontaneous
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Quote :
"his wife, who is having to work shifts due to a shortage of workers, even tried telling me that employees are obligated by law to give a 2-week notice before quitting. she was adamant about this. you see the kind of imbeciles i'm having to deal with???"


At-will state, FTW!

10/9/2009 10:01:57 PM

HaLo
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So what business is this

10/9/2009 10:39:12 PM

hunterb2003
All American
14318 Posts
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I am guessing you work at I <3 N.Y. Pizza

10/10/2009 1:35:54 AM

bethaleigh
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Any local news station would be all over this one. Just take your pick from whatever city you live closest to. Also, I like the option of getting a police escort to get your personal property from his office. You should have called the labor board right back when he hung up and told you that he wasn't going to do what he told them he would. Also, record any and all conversation you have with him, save text messages, voicelamil, etc. you will need them if it goes to court.

Having the text message to show the news station would hurt him too. Either way, he'll cave soon and you will get your checks. However, if this were to make you default on your bill and have something shut off before you get the check, sue him.

This is a pretty crappy situation for you, but his stupidity is quite funny.

10/10/2009 12:53:03 PM

icanread2
All American
1450 Posts
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what business is this?

id sure like to know just so i dont ever spend any $ there, just because the owner is such a cunt

10/10/2009 1:29:01 PM

darkone
(\/) (;,,,;) (\/)
10025 Posts
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FYI: Naming the business in question in this thread is risking a libel lawsuit unless all the facts are 100% as represented in the posts so far and can proven.

10/12/2009 1:43:46 PM

wdprice3

42699 Posts
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step 1 = talk to an attorney.

you have skipped step 1. he's holding pay, a civil matter, he has threatened you, a legal matter. get a damn lawyer on his ass.

10/12/2009 1:50:37 PM

Noen
All American
31169 Posts
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when you get paid, can i get the couple hundred you still owe me?

10/12/2009 3:12:59 PM

ke2urhoe48
Veteran
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It would be nice to know where this place is , but it is understandable if you can't say.

10/16/2009 12:12:22 AM

soc33com
All American
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sucks for you man but this is very interesting...keep updating us

10/16/2009 10:20:32 AM

joe_schmoe
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MAYBE THIS WILL TEACH YOU TO QUIT A JOB WITHOUT NOTICE

seriously, though, you've done what you can. you'll get your pay -- eventually. he cant not pay you, that's illegal. he can drag his feet about it quite a bit.

next time dont fuck over an employer, no matter how much of a douchebag you think he is, if you are dependent upon him in any way.

nobody owes you a job.

10/17/2009 4:45:52 PM

ambrosia1231
eeeeeeeeeevil
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10/17/2009 4:54:31 PM

joe_schmoe
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yeah yeah, you bout to sprain your eye muscles, aintcha?

if dude is in dire need of some piddly ass minimum wage check, then he damn sure shouldnt be walking out on his employers.

if he hates his douchebag employer so much he wants to fuck him over by not showing up for shifts, then he better be prepared to wait for that last check.

the law is ultimately on his side, but it will take time. the local and state governments aren't going to go smack a tax-paying business owner around on the word of a couple scrubby minimum-wage workers with a grievance.

10/17/2009 5:01:22 PM

occamsrezr
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Quote :
"Does he leave his office often? Is there a way for any current employees (obviously, ones you trust) to snag your check (and, if they're feeling nice, the checks for those who quit with you) and deliver them to you? Clearly, this is risky for them, but if they're about to quit anyways..."


Props to ambrosia for the most retarded advice in this whole thread.

10/17/2009 7:24:14 PM

joe_schmoe
All American
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maybe her next suggestion could be that he kidnap the boss's wife and hold her for ransom.



[Edited on October 17, 2009 at 8:00 PM. Reason : ]

10/17/2009 7:56:59 PM

OMFGPlzDoMe
All American
896 Posts
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These people saying "if you're in such dire need don't walk out" and "your fault for fucking over an employer" are the same people who post in shitty job threads saying "if you don't like it then quit. It's a right to work state".

I don't care how/when/why he quit. Fact of the matter is he deserves his pay and there is absolutely no reason why he should not get it in a reasonable amount of time.

10/17/2009 8:18:54 PM

smc
All American
9129 Posts
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Cleanse the situation with fire.

10/17/2009 8:59:24 PM

1
All American
2599 Posts
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http://www.nclabor.com/contact.htm

10/18/2009 4:15:55 PM

Str8BacardiL
farm bureau sux
38556 Posts
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Quote :
"we usually get our checks a few days late, which often bounce anyways, "


Misdemeanor Worthless Check

10/20/2009 8:56:06 AM

BobbyDigital
Deadpan Walking
40812 Posts
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Quote :
"Fact of the matter is he deserves his pay and there is absolutely no reason why he should not get it in a reasonable amount of time."


You have to deal with the world the way it is, not the way you want it to be.

10/20/2009 10:49:01 AM

Noen
All American
31169 Posts
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FYI, if your boss bounces payroll (or just doesn't pay you), you qualify immediately for unemployment. Probably far too late now, as I'm sure you've gotten another crappy job, but keep that in mind for the future.

10/20/2009 11:44:29 AM

Arab13
Art Vandelay
45007 Posts
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i think he got his money, via facebook update

10/20/2009 1:00:51 PM

superchevy
All American
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my bad, t-dub. i don't usually log on anymore, and forgot about this thread again.

i finally got paid last night. i was still owed two checks, so the owner wrote me out a single, consolidated one. the banks were closed at that point, but i still wanted to cash the check. not that i really needed it, but i wanted a little extra drinking money. i already knew the grocery stores and wal-mart wouldn't cash the check, due to the fact that they're owed so much money as it is. pawn shop wouldn't, because the check was signed by hand. went to a couple of gas stations, and was told they no longer cashed checks from this company.

to answer a couple of questions:
- miami subs in fayetteville. don't worry, this situation is unique to this specific store. the raleigh location is under different ownership.
- one of the very first things i did was speak to various lawyers from the very beginning.
- tyler, how much do i still owe you???
- i'm not in dire need of the money at all. that's irrelevant anyways. i worked. i deserve to be paid. it's as simple as that.

10/20/2009 2:43:57 PM

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