adivce on where to go from here

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cyndid18

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I left a job on 9/16 and have yet to receive a final paycheck. Why did I leave? other than being bullied and singled out, the last day I was there my ex-boss and the rest of the staff (myself included) had a conversation-to me he said "we will be dressing better around here soon-where I replied I think it is a great idea-(was my idea 2 years prior to go business casual even though we had no true foot traffic in our building)-he said yea and I am going to take you to get a makeover -then he brushed his fingers thru his temple-I replied I earned all my gray hairs-I have battled gray hair for 20 years and I am tired of battling the box and so I decided to see where the gray takes me-he replied well it looks unprofessional-I told him "I will wear makeup-wear my hair down and styled-even dress business casual but my hair color is my choice"-he replied well it is unprofessional. I went back to my office (2 doors away) and they all laughed. Now keep in mind this was played out in front of the office. I was 100% commission and would get paid when they got paid-but I called the Labor dept and they said that goes out the window when people/employers separate. He is shady and vindictive and going thru a nasty divorce where he is hiding his money so I know my paycheck has been pocketed. what can I do? I have my resignation letter and kept great notes of the issues I had. Is there anything I can do??? I want what is owed me but at this point his ignoring the fact he owes me and the humiliation is gnawing at me. I need advice
 
I was told if I go thru the labor board they can only go after them for minimum hourly wage for the hours I worked-
 
That's all your legally entitled to...whatever it is that you worked at the agreed-upon rate.
 
That is correct with the federal DOL. That is not true with a small claims action.

What I recommend is that you send a certified, return receipt requested, letter to the employer, demanding your pay within XX days (say 7) or you will have no choice but to file a court action. Maybe that will shake it loose.
 
I did that the letter that is but the company policy is not to accept any certified letters so i sent one to the office and one to his home. My agreed salary was 25% of the gross profit of all sales. I had 32k in sales -now what that means in profit i do not know as I didnt have the ability to see that part of it -Quickbooks has administrative settings-
 
no inside sales-and although we had meetings where the % we made changed regularly (I started at 50%) I ended at 25% GP-
 
My ex employer is a shady person-he is a nasty divorce where he has spent the better part of a year and a half hiding his money from his wife's lawyer. He was denied a business loan this year because he has made sure his "money" account shows low funds and has shifted sales results to show he has made very little.
 
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