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    sharathmsc's Avatar
    sharathmsc Posts: 5, Reputation: 1
    New Member

    Sep 4, 2006, 03:37 PM
    Paycheck not paid
    Hi All,
    I have a problem and I seek somebodies advice regarding.

    I used work for a company earlier and before working they made a deal that I need to work under them for 12 months, My job started around dec 2004. In Jan I met with an accident and I got billed around 30000 from the Hospital. I got insurance from my company and it covered 90% of it.
    I transferred to a different company in Mar'06 , I said to my company regarding and they said they'll pay me what they owe me.
    They still owe me 2 weeks regular pay check and 24 hours overtime and also 2000$ of perdiem. But they said they paid my insurance so they don't pay me my per-diem and Overtime. Is there any way that I can appeal to department of labor to get my perdiem and overtime.
    Is that possible?
    Please let me know, I am in big mess.

    Thank you,

    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692

    Sep 4, 2006, 06:57 PM
    Hello of course I have no idea what county you live in and rules in England, Africa, Canada or the US will be totally different.

    Insurance payments ( was this for your health insurance where you were not working because you were in the hospital ?

    If they paid for your benefits while you were not working, in most states in the US they could have billed you for that. But they would have to give you an accounting of that when you went back to work for them.

    But if you have per diem that is not pay, that is payment for expenses on travel and would have to be paid, they can not withhold money from that, even taxes, since per diem is for company expenses.

    So it sounds like they are trying to do something either from not knowing better or poor accounting or worst. I would ask them one more time if not you need to report them to the labor board of your state ( if you are in the US)
    sharathmsc's Avatar
    sharathmsc Posts: 5, Reputation: 1
    New Member

    Sep 4, 2006, 07:40 PM
    Hi Fr_Chuck,
    Thanks for the reply, Sorry I didn't gave my details.
    I am in USA, my company is in IL.
    My Company is not paying for my per-diem and also my overtime money and also 2 weeks regular salary. They say that per-diem and overtime they can't pay it and they'll pay whatever I need to get legally. I am afraid can't I claim if they owe me per-diem and overtime.
    Please let me know, In my all previous paychecks I have the per-diems. But in my last pay check they are playing all these kind of tricks.
    Please let me if I can do anything about it...

    Thanks a lot,

    jimfun71's Avatar
    jimfun71 Posts: 22, Reputation: 4
    New Member

    Sep 4, 2006, 07:50 PM
    If you actually worked you are entitled to the full amount. If you did not work you will not get the per diem or overtime. If you did work and were on the road for them you are entitled to it all and you should call the national labor relations board. I saw the NLRB tell a company I worked for that if they didn't pay a person who worked for them they would fine them $10,000 per day till they paid. Needles to say he got paied that same day.
    sharathmsc's Avatar
    sharathmsc Posts: 5, Reputation: 1
    New Member

    Sep 4, 2006, 08:00 PM
    Hi, Thanks for the quick reply.
    I mean I don't have any agreement kind of thing for the per-diem but they said they'll pay on the phone. I said OK and they paid for all months except for the last month.
    I am in work for all the period they owe me. I have the per-diem listed only on the paychecks except for the last month... is that accountable... I have time sheets...

    Please advice.

    jimfun71's Avatar
    jimfun71 Posts: 22, Reputation: 4
    New Member

    Sep 4, 2006, 08:08 PM
    Call the labor relations board and see what they say.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member

    Sep 5, 2006, 06:43 AM
    Hello Sha:

    I would stop talking, and start suing! A small claims suit can be brought for very little money. You don't need a lawyer, and they can't have one. That will get their attention. YES, take all your documentation to court. You may not win it all, but you very well may.

    Don't let them get away with it.


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