Not receiving paychecks

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gonlaz

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Hello,

I was working for a company from January 14th - February 2nd.
I was to receive a paycheck on January 30th for the 14th, 15th. Come pay day the owners of the company sent a memo stating there was an ach provider snafu that would be fixed Saturday, Saturday. Monday and now Tuesday has passed and nobody that works there has been paid, the owners have not addressed it either. After end of business Monday I resigned. Is what they are doing legal? They not paid at least one other person in the past I am told but I don't know the facts. I suspect they hired me as well, knowing that they did not have operating capital (and is that actually fraud?) and I overheard the building landlord saying they haven't paid rent in two months. I am afraid I cannot afford an attorney and locally I cannot find an attorney that would field this question.
Can anyone provide some specific info, advice or cite a source that refers to this sort of thing? Thank you
 
Your state doesn't have much interest in getting you your wages.
People are free to file a small claims lawsuit to recover unpaid minimum wages, liquidated damages in an equal amount, $1000 penalty per willful violation, and attorneys' fees (assuming you retain an attorney).
Some local lawyers might look into things on your behalf.
The lawyer gets paid when and IF you get paid by the employer.


You can bring your unpaid wage claim in your county small claims court under Florida Statute 448.110, which requires the employee to provide written notice to the employer of his or her intention to bring a civil action for unpaid wages and gives the employer fifteen days to pay the total amount of unpaid wages or otherwise resolve the claim to the satisfaction of the aggrieved employee.


Here you go, have yourself a look see:

http://www.workplacefairness.org/wage-hour-claim-FL



http://www.centerforunpaidwages.com/state-laws/florida/
 
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Thank you for the reply.

To be specific, I was a salaried employee, are you saying that an employer is not required to pay an employee earnings? I am not concerned with commissions, just my salary. The wage test didn't really seem to focus on regular hour or salary earnings, just ot and commssions, minimum wages. It just seems like everything is about minimum wage and ot, I really just want to know if in this state I am entitled to pay for regular hours worked
 
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gonlaz said:
Thank you for the reply.

To be specific, I was a salaried employee, are you saying that an employer is not required to pay an employee earnings? I am not concerned with commissions, just my salary. The wage test didn't really seem to focus on regular hour or salary earnings, just ot and commssions, minimum wages. It just seems like everything is about minimum wage and ot, I really just want to know if in this state I am entitled to pay for regular hours worked
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Oh, they're required to pay alright.
The problem is your state, FL, won't help you collect your money.
You can sue the employer in your county small claims court.
You can find a lawyer who might take your case on contingency, and also sue the employer to pay the lawyer's fees.
You can ask the Federal DoL to help you, but that takes ages.
Well, maybe not ages, but months.

No, there is help, but it won't be all that helpful, as in states like CA or IA for example.
 
Allow me to clarify.

Under both Federal law and the laws of all states, the employer is required to pay you for all time worked.

Federal law has no timeline under which this pay is required.

Many states do. In my state, for example, the employer has six or seven days (depending on specifics) after the end of the pay period to release the check. More states have such laws than do not. In those states, if the employer fails to comply with the timeline, the state DOL will assist the employee(s) in getting paid.

Florida is one of the few states that does not have such a timeline, and in fact does not even have a state DOL. Thus your recourse is limited to either going through the Federal DOL, or filing a civil suit.
 
You can file a wage claim with the fed. DOL for free but they are only concerned about federal min. wage & OT. http://www.dol.gov/wecanhelp/faq.htm

or

You can file a wage claim through the court system.
 
So as it turns out as of 2/10, the employer paid everyone else at the office, they just refuse to answer my contacts and haven't paid me still. It does appear that my only recourse is a small claims court filing, $175 to file. If he knows the system he can totally screw me apparently. So angering that he will get away with this. He left me destitute, job market stinks, I have to surrender my pets and have nowhere to live in two weeks. Even the DOL is taking forever just to call the guy
 
gonlaz said:
So as it turns out as of 2/10, the employer paid everyone else at the office, they just refuse to answer my contacts and haven't paid me still. It does appear that my only recourse is a small claims court filing, $175 to file. If he knows the system he can totally screw me apparently. So angering that he will get away with this. He left me destitute, job market stinks, I have to surrender my pets and have nowhere to live in two weeks. Even the DOL is taking forever just to call the guy
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You can contact a local labor or employment lawyer.
Most of them will take your case (if its solid) on a contingency basis.

That means you don't pay them, they get paid their fee by winning your case.
The employer, who loses, ends up paying YOU and YOUR LAWYER.
Visit a couple or three in your area, discuss your case.
You can see how it works, and how one will get your money, MUCH sooner than the government.

You can choose to file in small claims, prove your case, get your money and the fees reimbursed when you prevail.

If I were you, I wouldn't give up or waste my precious time with the government.
You've already wasted five days.
I'd discuss the situation with a couple local lawyers tomorrow.
It'll cost you nothing to meet with them and see what one might be able to do for you.
 
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Well I haven't wasted time at all. I have (and I thought I put this in my original post) spoken with several attorneys, all have declined, and they have all said that it doesn't meed the federal threshold (when probed on that they basically said not enough money involved) but I am still contacting attorneys, I call several a day.
$175 to file the claim, which I do not have. I got this job after being unemployed for 4 months, I'm destitute, legal aide won't even help, it's really surprising that a legal rep would not take a look at this mess and say "hey, this employer is screwing working adults, we have to do something" or just even write a letter putting some pressure.
The dollar amount is less than $2500 but it is right at $2000, I would rather get a portion of that, giving a lawyer a cut than nothing at all
 
gonlaz said:
Well I haven't wasted time at all. I have (and I thought I put this in my original post) spoken with several attorneys, all have declined, and they have all said that it doesn't meed the federal threshold (when probed on that they basically said not enough money involved) but I am still contacting attorneys, I call several a day.
$175 to file the claim, which I do not have. I got this job after being unemployed for 4 months, I'm destitute, legal aide won't even help, it's really surprising that a legal rep would not take a look at this mess and say "hey, this employer is screwing working adults, we have to do something" or just even write a letter putting some pressure.
The dollar amount is less than $2500 but it is right at $2000, I would rather get a portion of that, giving a lawyer a cut than nothing at all
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All I can suggest, is to keep trying.

You can also try to file "in forma pauperis" - as an indigent.

Here's the form. You prove your dire financial status, and you can bring your case.

http://www.flcourts.org/core/fileparse.php/293/urlt/indigent_application.pdf

Now, you just need to print it, complete it, and submit it to YOUR small claims court.

Here's the list, you need only identify and select yours.

http://www.flcourts.org/resources-a...y-law-self-help-information/small-claims.stml


If you have any questions, the site provides a number you can call for clarification.

I'll also try to help you get this filed. Good luck, now go get your money.
 
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Oh cool, thank you!

So my first question is how to word the defendant:
would it be the company name, the man and woman that I know as the owners, the registered agent name, the name of the incorporator? (because the person listed as the incorporator is different than the owner that I know - I suspect he put it in his daughter's name, sickening)

He seems to have taken pains to cover tracks.
 
gonlaz said:
Oh cool, thank you!

So my first question is how to word the defendant:
would it be the company name, the man and woman that I know as the owners, the registered agent name, the name of the incorporator? (because the person listed as the incorporator is different than the owner that I know - I suspect he put it in his daughter's name, sickening)

He seems to have taken pains to cover tracks.
Click to expand...

I usually list everyone, get them before the judge, and let the judge sort it out.
 
army judge said:
I usually list everyone, get them before the judge, and let the judge sort it out.
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Just wanted to give an update.
So far the DOL wage and hour division office here has been unsuccessful in their attempts to reach the employer. He does not return their calls and they have sent him a letter that he has yet to respond to, even after a "deadline" of February 17th.

One of my previous colleagues, who for some reason still goes to work not having been paid except the first time (the fist time I did not receive pay), told me that all of their pay checks issues on the 15th bounced at the bank, the bank has shut down their credit, he hasn't paid rent in office for 3 months now, and a pretty reputable check cashing chain here called amscot has blacklisted them for over a year now.

Also she told me that the owner told all of them about the bank/credit line (it's actually two banks) and also informed the staff that they do not have operating capital to get them through.

They just recently put another ad out hiring sales people - this part, isn't that fraud, and isn't it fraud that they hired me and the rest of the staff knowing they didn't have capital?
If so, why wouldn't an attorney want to sue them? If you have an opinion about all of this thank you!
 
No it isn't fraud, it is just bad business. Maybe. If more salespeople means they can bring in more revenue, it might be a smart move.
 
No, it's not really fraud. It might or might not be a smart move - hard to say. ("probably" not too smart)
 
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