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philiboy · Aug 21, 2008, 10:16 AM

I am a college student and over the summer I worked for a contract cleaning and painting company for one week which paid by production not hourly wage. I was told to just write all the work I completed down and turn it in by Wednesday of each week and would be paid for it in 2 weeks. On payday the employer was very hard to get a hold of and kept telling me to call back at different times, by the end of the day I still was not paid. The next evening I finally got a hold of the employer and arranged to meet up to be paid (saturday). At that time, the employer only paid me for half of what I worked for and claims they already paid everyone else and did not have the time sheets with them, meanwhile they paid other workers for the work I did and claimed could not pay twice for the same job. They wrote a letter claiming extra compensation would be paid the following Wednesday when they were paid again. On Wednesday, again, the employer told me to call back in an hour and it is now Thursday and they have not answered the phone. All I have is the company name, no address, a employee badge, and the letter. Is there anything I can do??

rockinmommy · Aug 21, 2008, 05:52 PM

Did they write you a check? Your bank will have a photocopy of it. It should have their address. Also just put on your detective hat. Google them - company name, the phone number. Talk to other people who work for them. Go to job sites, etc.

So you have the letter? Do you have a copy of your "time" sheet?

You definitely have a case against them. But you will need an address to sue them in small claims court. They have to be served.

Fr_Chuck · Aug 21, 2008, 05:59 PM

Yes you worked for them, you had to meet them somewhere, who did they do the work for, those people know who they are?

You got a check, it would have a name and adderss on it?

So you get all of this and sue them in small claims court.

froggy7 · Aug 21, 2008, 07:58 PM

It sounds to me like you are being paid under the table. Do you have an actual contract? Are you paid by check or in cash? Are taxes withheld? Didn't anything about this situation strike you as a bit odd? If you are being paid under the table, then the employer is quite likely going to lie about how much they owe you if you take them to court.

rockinmommy · Aug 21, 2008, 09:33 PM

Originally Posted by froggy7

It sounds to me like you are being paid under the table. Do you have an actual contract? Are you paid by check or in cash? Are taxes withheld? Didn't anything about this situation strike you as a bit odd? If you are being paid under the table, then the employer is quite likely going to lie about how much they owe you if you take them to court.

Actually, contract labor is commonly paid like this. It's up to the contractor (employee, to simplify the example, but they are NOT an employee in reality) to report their income and pay appropriate taxes, etc. And the employer files a 1099 (? I'm going from memory on that one) indicating WHO they paid, as they're reporting it as an expense on their taxes.

JudyKayTee · Aug 22, 2008, 05:43 AM

Originally Posted by froggy7

It sounds to me like you are being paid under the table. Do you have an actual contract? Are you paid by check or in cash? Are taxes withheld? Didn't anything about this situation strike you as a bit odd? If you are being paid under the table, then the employer is quite likely going to lie about how much they owe you if you take them to court.

You beat me to it - if it's an off the books thing and not a 1099 relationship the Court will not enforce the failure to pay.

The Courts will not enforce an illegal agreement, which working under the table is. Of course, the argument can always be that OP knew and accepted being a 1099 employee and had every intention of paying income taxes on the money.

If this is not an under the table relationship, then do as has been suggested.