I'm the boss but I get bullied all the time

dyellt

New Member
Jurisdiction
Florida
I own a cleaning service that specializes in cleaning vacation rentals. It is seasonal work, with the work peaking in the summer . Between MemoriaL day and Labor Day all the cleaning services look for people to work and wind up hiring, temporarily , people they would not ordinarily hire, had they a greater pool to choose from. The scenario I am about to relate has happened many, many times to me, with the details changing here and there, but basically the same thing happens

\Saturday I had 3 new teams working.I discussed most of the details of everything with them via text message. I did of course meet everyone before Saturday. About the team in particular, I gave them the exact amount they would be paid for the exact property they were to clean. There was one contingency, and that was a pay differentiation if they were able to get the laundry done.
Saturday came and Saturday went. No problem
SUNDAY I called the girl up and asked if she could work that day. She asked if she could bring the lady that worked with her the day before. I said sure
At the job I spent a few minutes with them, talkiing, showing them how I like things to be presented; etc. We also talked about the properties they had cleaned on Saturday, mentioning how dirty it was, etc. She asked again what that house paid. I told her. The amount was 115$.. By the way, I do not use random figures. There is a formula as top what I pay my housekeepers, according to whatt I am paid, either 50 or 60%, depending on whether or not they have to do laundry on site.
After our chat I left for a while, leaving them with instructions and everything else they needed to get the house ready for the guests that was expected in approximately 2 hours.
I returned 40 minutes before the guest was scheduled to arrive. Pulling into the driveway, I see a new vehicle, but theirs was gone. They had left shortly, if not immediately after I did. I was shocked. I immediately called someone to come and help me get the house ready as quickly as possible, then I went to work
Oh , I can't leave this part out: There was a note from the girl that said that I had told her that the big houses paid 150$, on a text, and that she had a linen closet key from Saturday( that she should have returned to me when she dropped off her dirty linens and cleaning supples) that she would give to me when she came on Monday to get her money
I shot her a quick text that expressed my displeasure, my disbelief, and related the fact that as I was working furiously to get the house ready, the guests came in from the beach with 3 or 4 little screaming kids, and the guests who seemed to not see my vacuum cord across the room, or me, for thsat matter, because they proceeded to unload their stuff pretty much on top of me, barely giving me time to get my stuff out of there.
This is not the way I maintain a good reputation, to say the least. I told the gentleman that I would be happy to come back during the week with fresh sheets and towels and clean up a bit for him, trying to make up to him the fact that his house was not ready when they arrived.

OK, here is the bullying part
At this point I am pissed, understandably, as I have given these cleaning people absolutely no reason to think that they are not going to be paid exactly what I told them I would. In fact, I gave them 20$ cash the first day, and on Sunday I gave them 60$ because she said they had no gas.
I also told her that she was stupid for walking out of this last job, as it was the easist and best paying of all that had been done that weekend. It was half done when she got there

I told her the was she was going to get paid was to return the key that she had deliberately taken to use as hostage, and at that time I would mail her a check for what I had agreed to pay her for Saturday, minus the cash advance, minus what it is going to cost me to send a cleaner to make the customers happy at the house where I had been late finishing on Sunday
Admittedly, I let fly a few fabulous adjective. I refused to meet her and allow her to come to my house and do a hand off , the money for the key. Besides, payday is not until this coming Friday, and I did not fire her. She walked off the job. I would call that quitting.
I imagine there is a question as to whether I am entitled to the deduction of the cleaner that goes back, but my main objection is her bullying me into a handoff with this key. I frankly don't care about the key and told her so. But I really really don't feel that she should be able to do this to me. She is telling me she will be at my house(with her husband, of course) and I am telling her not to come to my house, or I will call the law.

Am I within my rights to refuse to pay her until AFTER I receive my property, since it isn't even payday yet, and to insist that I will mail a check? Am I within my rights to insist that she does NOT come to my house?
Can I rightly deduct the expense to me of her walking off the job; that it caused the house to be finished very late and consequently I have to comp this guy a clean?

What do you think?

I am sick to death of people trying to strong arm me It only happens because I let them know where I live, but it's either that or meet them at Hardee's. YIKES
 
This is a very important point. What state is this happening in?

There is only one state where the law gives you the right to withhold pay until all company property is returned.
 
If you are in Florida, technically you can't hold the check hostage but the law doesn't stipulate how long you have to pay her. You can not deduct other costs and you need to make certain you are paying taxes for and on these employees. It sounds like you are operating with cash and giving advances with no written agreement which is a horrible idea. Do yourself a favor and spend the cash to take a basic employment law course and get set up with an attorney to draw up employment agreements and make sure you are following the law as far as insurance, I-9s, taxes, deductions from paychecks, etc.

I am not sure what is so horrible about her offer to meet you Monday to give you the key and get her last check. Meet her and explain in person why you are paying what you are paying. Sending nasty texts back and forth is totally unprofessional and uncalled for. Employees quit. It stinks that she quit the way she did but she was legally entitled to do so. You are legally permitted to share how she quit when/if asked to provide a reference.
 
What do you think?

I think I have a few questions:

1 - When you hire these people do you verify that they are in the US legally?
2 - Do you get a W-4 with their social security numbers?
3 - Do you keep payroll records, withhold taxes and social security and give them a W-2 at the end of the year?
4 - Do you have a worker's compensation policy that covers them for work related injuries?
5 - Do you pay into the state unemployment insurance?

Please answer each question one at a time.
 
I think I have a few questions:

1 - When you hire these people do you verify that they are in the US legally?
2 - Do you get a W-4 with their social security numbers?
3 - Do you keep payroll records, withhold taxes and social security and give them a W-2 at the end of the year?
4 - Do you have a worker's compensation policy that covers them for work related injuries?
5 - Do you pay into the state unemployment insurance?

Please answer each question one at a time.


I'm guessing, no, to all five.
 
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