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Unpaid funds from Onforce/Workmarket work platforms

Discussion in 'Independent Contractors & Consultants' started by Garegin Asatryan, Mar 10, 2021.

  1. Garegin Asatryan

    Garegin Asatryan Law Topic Starter New Member

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    Jurisdiction:
    New York
    Pending funds from a work platform Onforce/WorkMarket

    Location: US

    Legal/financial issue with WorkMarket

    Long story short. Workmarket bought out Onforce in ‘17 and completely closed the service in 2020. I have accounts with both companies.
    They notified me to withdraw the money before they completely close the platform on April 16, 2020.

    The problem was that they have a $7500 limit for withdrawals, so I wasn’t able to get the remaining $4100. Called Workmarket the same day and the lady said that she created the case to go through the process of sending me the check.

    I have been talking with a representative of theirs for 11 months. They keep “checking on it”. I don’t know what takes almost a year to check. Finally they tell me the old/closed account has no money. (I still have money on the WorkMarket account, but that’s a separate thing).

    I have their tax forms and my bank statements of the withdrawals. I only made three withdrawals from Onforce. So earnings - withdrawals should give you the a balance. They tell me no, they need a screenshot from the website. But the Onforce website has been closed for a year.

    Is there any legal way I could prove that I didn’t withdraw all the money. They’re supposed to have a log of the conversation I have with them on Apr 16 last year. But there is no documented trail of the withdrawals other that the bank statements I have.

    I’m thinking on going to the lawyers. It seems that they’re trying to jib me. Because there is no Onforce account to log in to.
     
  2. Zigner

    Zigner Well-Known Member

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    Your statements are your proof, and this will likely be a small claims matter. Your agreement with the company may provide for attorney's fees if you win, so it might be worth it to consult with an attorney.
     
  3. Garegin Asatryan

    Garegin Asatryan Law Topic Starter New Member

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    Thanks for the reply. What you mean by “your agreement”. The terms I signed initially?

    Also I’m worried that they would say that I had another withdrawal method assigned (you could do it in theory) and withdrew the money that way.

    they either don’t have the records of the withdrawals or have them and are trying to job me. Also, I’m very suspicious that they don’t have logs of my conversation with them on apr 16. Usually these things are pre-recorded.
     
  4. Zigner

    Zigner Well-Known Member

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    Whatever agreement you have with the company. That may include the terms you agreed to initially.

    They may, but they will need to provide their business records to prove this.

    I'm not surprised. It's entirely possible that such "logs" aren't maintained for very long.
     
  5. Garegin Asatryan

    Garegin Asatryan Law Topic Starter New Member

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    Ok. Thanks a lot. Are there any law firms you recommend in the New York area.
     
  6. justblue

    justblue Well-Known Member

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    We don't provide referrals, but you can call the state bar.

    Home Page - New York State Bar Association
     
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  7. Garegin Asatryan

    Garegin Asatryan Law Topic Starter New Member

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    Ok, some updates. I was able to get the earnings report from them with the records of the withdrawals. I basically have solid proof now.
     
  8. Zigner

    Zigner Well-Known Member

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    Great - now it may be time to escalate the matter beyond the phone reps.
     

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