Company is not paying for work done 4 months ago! I need help

[xtremerider954]

Hi. I really need some help here. I worked as a satellite installer for a company this last summer, and I left the company on August 9, 2010. As of today ( Dec. 16, 2010) they have not paid me my final check which I desperately need. I had to wait 90 from the day I left as per an agreement we had when I started with them. I was told by their payroll department that I could expect my check as soon as that 90 days was up. That day came and went. I contacted them a few days after the 90 day period and was told I should get it in a week. A week later nothing. I called again and was told my paperwork was being reviewed, and I would receive my check as soon as that was done. They had already had my paperwork for over 90 days at this point. I contacted them repeatedly after this, and I was always told it's being mailed out this week or it's under review. After 120 days had gone by I told them I would be contacting a lawyer if I did not receive my check. They will not even return calls or emails now. Can someone help me?

 

[mlane58]

File a complaint with the North Caolina DOL. Under NC law, you should have recieved your finla pay on the next regularly scheduled payday.

 

[xtremerider954]

Thanks for replying. The only problem with that is that I wasn't a direct employee of the company. It's a company that sells satellite systems, and I was an installer paid like a sub. And I can't file liens because it's been too long, and I would have had to file one on every house that I did. This has happened to other installers who left them also. It feels like they never intended on paying me from the day I left.

 

[Peppermint]

Well, you WERE an employee, the company misclassified you. On purpose, I'll bet. There have been numerous of these companies who have been caught misclassifying installers as independent contractors, when they should have been employees.

File the wage claim anyway, and note that you believe you were misclassified as an IC and why you think you should have been an employee.
http://www.irs.gov/pub/irs-pdf/p1779.pdf

 

[xtremerider954]

Thanks peppermint. I looked at the link you sent to me. It's hard to say which one I fall under. I can use all my expenses as deductions on my taxes and such and file a loss if I wanted to. According to the link that would put me under the contractor description. However, I was trained by them on how to do things. I had a direct supervisor. I got all my materials through them also which puts me under the employee description. This whole thing is just a bad situation.

 

[Peppermint]

Employee. Honest. These companies have been getting reported and fined for a few years now for this exact same thing.

 

[xtremerider954]

Ok. I'll give it a try. I'm desperate. Thank you for the help. I'll let you know what happens. If you have any other ideas let me know. Thanks

 

[Peppermint]

If you're desperate, you can always try a small claims action. Jurisdiction might be an issue, though.

As sad as it is, you pays your money, you takes your choice (as my g-pa used to say). A small claims action will come up in court more quickly than the DOL could probably get to your wage claim, investigate, order payment, and you actually GET the payment. But, of course, the DOL is free. Get what you pay for, I guess.

And, of course, you could also do both. If the court action comes up first, and you win, and the company pays you properly (as an employee), before the DOL works your claim, you just call them and cancel it.

 

[bluemann33]

You are right, you were not an employee you were a contractor. I actually am part owner of a satellite installs company that does work for mastec. I have been in the business for over 10 years. I personally have never done this to someone but have had it done to me and know of dozens of others it has happened to. Most of the time they come up with a bunch of BS back charges that they make up. IF they use the back charge route then you are unfortunatly in a uphill battle. You should keep pushing the issue and maybe you will be one of the lucky ones that get paid. Report them, report them, report them. Was this company a direct client of direct tv or dish network? Good luck to you and for evey 10 companies out there there are 4 that will try and screw you.

 

[bluemann33]

One more thing... when you finished working with them did you get something saying all equipment had been turned back into the company? How long are you responsable for the work that you completed? Tell them you will call the satellite company for which they installed for. Is this company a local or are they in more than one state? If they are not just local have you tried calling the main office?

 

[Peppermint]

You are right, you were not an employee you were a contractor...... .

But almost certainly, this was an illegal status classification to start with.

 

[bluemann33]

http://www.indeed.com/forum/job/satellite-installer/Boom-bust/t2600

Read through some of these.

 

[bluemann33]

But almost certainly, this was an illegal status classification to start with.

I have never seen an employee of a sat company unless they were the first in line from the provider or unless they were in managemnet. All others( in my experience) have been contr. They paid you by the job and you filled out a 1099 right?

 

[xtremerider954]

Bluemann. Mastec is who the company I worked for did business with too. The company I worked for is SBGDigital out of Waynesville, NC. I've heard that they try to get installers on charge backs and such. I only had 3 or 4 charge backs when I worked for them so they might have a hard time with that one. Unfortunately I didn't get anything in writing from them on what I returned as far as equipment. All I had was a few other guys who saw what I returned. Since you're familiar with Mastec would you know someone with them that I might be able to call about this? I worked my tail off for these guys usually doing 4 new installs a day. Not only that, they would give me a route where I had to drive an hour one way between jobs sometimes. I never complained to them. I just did the work. I think I'm going try what peppermint said and see if I can get anywhere. I have nothing to lose at this point.

 

[bluemann33]

I have never heard of sbg. You can and should contact the local Manager of mastec who is in charge of the subs they use. I dont know if it will do any good for you but if they have had complaints before or after you file yours then they will not take it lighty. Mastec here in richmond va have pulled the contracts due to companies doing this exact thing to their subs. Good luck and hope you get your money.

 

[Peppermint]

I'm not saying companies don't do it. I'm saying that these companies have been targeted in the past few years for misclassifying workers as ICs. Just because it's common in the industry, doesn't mean it's legal.

 

[xtremerider954]

Well, I tried to contact NCDOL about this thing. They pretty much told me I'm on my own. I have a friend here who is an attorney, and I will be contacting him about this. This whole thing is just wrong. I could understand if they were having money issues or something, but they have never even hinted that money was short. Now I want to seek damages and whatever fees come up from my attorney. They would have been better off just paying what they owed me. I can't even talk to my supervisor as he has since left the company as well. I tried to call and get one of the owners, but they're never at the office so they say. Oh well. I guess this is life, right?