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ldlplizz · Apr 2, 2007, 11:19 AM

Hi I worked for a mortgage company. I was hired on 3/8/07 by an employee who said she was the office manager (found out later she wasn't) she told me I would get $2500.00 month and $500.00 file pay to process the files. We had a verbal agreement. There is too much detail so I will cut to the chase. I filled out a 1099 and was paid cash on the payday (20th & 5th are payperiod ) When I mentioned this to the owners daughter (owner not the broker by the way) she said no check cash only. Right after this during the 3rd week
We started having no phonelines and internet. We were sent home ( 03/23 fri ) however I took all the files with me to work on them since I had calyx and fax/printer, to try and help to get the files closed. On Monday the 26th still phone was "temp discon" I continued to work at home and a girl at the office came to my home and helped. We did this until the 28th of March. Out of the 9 files I worked on (all but 2 were in process since 12/06 to 01/07 and 02/07 long before I came on board were having problems because they did not meet investor guidelines due to the changes and closures of the lenders. On thus night I received a phone call from one of the LO's and said that there would be a meeting in the morning of the 29th. I went in and met the owner for the 1st time. He called the 3 loan officers in and talked to them for appx 1/2 hr alone. Next he called everyone else in. Him, daugter, her boyfriend who holds a salespersons lic which his unlicensed uncle uses (one of the lo') and myself and the gal who helped me. Total 8 persons in the room He stared me in the face and let me have it. He told me that I was not going to get paid because I did not close anyloans and that I was using to many excuses and the banks were hungry for the business. After all was said I felt so embarased because 2 of the male LO's were also making rude remarks to me as well. I left there in tears. The next day I gave my letter of resignation and stated

excon · Apr 3, 2007, 05:04 AM

Hello liz:

Looks like they were headed into the dumper anyway. Sue 'em in small claims court. It's quick, cheap and easy.

excon

ldlplizz · Apr 3, 2007, 08:37 AM

So labor board won't help?

excon · Apr 3, 2007, 08:50 AM

Hello again, lizz:

The labor board can't force a resolution. The courts can. Might as well go directly to the people who carry big sticks. Plus, I can't tell if you were an employee or a contract worker. You sound like an employee, but then you talk about 1099's, and they don't have anything to do with employees. And, I have the sneaking hunch they didn't take any taxes out of your cash payday.

In any case, there is a lot of Mickey Mouse stuff going on. You're better off finding work someplace else.

The labor board won't help you if you're a contractor and it isn't a wage issue. But, the judge doesn't care if you're an employee or a contractor. If you didn't get paid, the court can force them to pay.

Ok, that may not be true. You can win a judgment. Of that, I'm sure. Can you collect on it? Of that, I'm not sure. If this is a corporation and they're defunct, then you can't get blood out of a turnip, and you can't sue the owners.

If it's NOT a corporation, you still have to collect from the owners and that's not going to be easy. Get your judgment first, and then I'll tell you how to collect.

excon

ldlplizz · Apr 3, 2007, 09:01 AM

I actually signed both W2 and 1099. They also gave cash to the other worker next to me she is W2, This was my first paycheck. It is a corp and do have a DBA. So will I have to go after the broker instead? These people use a lot of fraudulent documentation so Phoney paystubs, bankstatements etc... This is one reason I left as well and One of the loans I was processing need the phoney bankstatements which they were getting ready to order before I left. I can call DRE and report this also one of the guys uses the sales license of his nephew he uses his Idenity he showed me a business card with this guys info and license no, on the card. He deals with the clients and claims he is this person. What is my recourse on this. Can prove it just have to have the loans audited. I also know the name of the lender that knows and excepts the phoney bank statements. This company I recently left has also been red flagged by at least 3 to 5 lenders who won't do business with them anymore.