What if?
May 15, I’m scheduled to start 6 days of vacation the next day.
Boss says let’s go out for lunch, not really posed as a question, and certainly far from the norm.
At lunch boss says he’s keeping me and one other guy on and letting 5 others go on Friday. Says enough to keep the 2 of us busy with the one job we have left going until hopefully something else pops up.
Come back from holidays, show up at work May 27 after Memorial day. Boss says I’m laid off, and so is the last other guy.
Catch is we get paid a week in arrears, no cheque for the last 4 days I worked and no cheque for the holiday pay, apparently the cupboard is bare. No pink slip to speed things up at the unemployment office either.
Boss hasn’t been all that bad to work for, understand his hardship, but – I’m out a chunk of change
What would you do?
Let’s not confuse the issue with facts!
Replies
well, first thing I'd do would be to have a sit down with the guy and (not in the meantime pizz and moan to everyone with an ear.) tell him my concerns nicely and that I expect to get paid........
see what happens.
I may let the vacation pay slide if he's really in a fix, but the days worked I'd bug the snot out of him forever until he paid me......but even then sometimes it's a lost cause and you just gotta kiss the cash goodbye.
i think there are several legal steps you can take in this situation, the first thing that comes to mind is a mechanics lien on the job you worked on and didn't get paid for.
i agree with you jj that sit down and nicely tell boss that gdcarp needs to get paid, but i would have some understanding of what steps to take regarding liens etc. before sit down. its not a threat, just a lever. i would tell him i am sorry to do this but i have too, i can't afford not to be paid, and i need the pink slip and paperwork to get unemployment.
I'd go online, file for unemployment. I'd be happy that I had some coming.
Then, I'd start beating the bushes.
One of the bad things about getting laid off last is that everyone else already beat the bushes and took the jobs that were there.
Sorry about your misfortune. I hope things work out.
Bob's next test date: 12/10/07
I'm sorry for your loss but if you didn't see this comming the boss was really good at hiding things and probably way ahead of you in getting anything over or out of him.
Move on and learn to look for the signs next time.
He needs to pay you for what you worked, and if vacation pay was part of your deal, he should pay you for that, too.
I've had one employer try to stiff me. After trying to reason with a coke head, I tried the state Industrial Commission. They took the case , and 10 years later when the guy finally paid taxes, I got twice my complaint.
You've paid into unemployment (if he did you right on that account), this is what that's for.
Good luck
PS It's no better back here
Must be, and that is all.
True love can make a blade of grass
Stand up straight and tall.
In harmony with the cosmic sea,
True love needs no company,
It can cure the soul, it can make it whole,
If dogs run free.
It didn't come as a total shock, the writing was on the wall. But when you get paid a week in arrears there's not much you can do to protect yourself from getting stiffed.Yes the unemployment should come in, albeit a bit delayed due to the lack of a pink slip. You would think that would be the least he could do if he really cared about his employees as much as he professes.The vacation pay was accrued and shown on the pay stub and the holidays were taken before I was summarily laid off.Wages due are wages due.Know I can file in small claims court if the money is not forthcoming, not sure if I could file a lien against the job as I'm (er - was) an employee. Will be patient for a bit, but we all have to eat.Let's not confuse the issue with facts!
Lien laws vary from state to state about if employes can file one.But you are best going to the state wage and hour department for help in collecting..
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A-holes. Hey every group has to have one. And I have been elected to be the one. I should make that my tagline.
It may not be better 'back there' - carpentry business wise, but I do miss North Carolina - lived in Raleigh for about 5 years before following the wifey up here to CT.Let's not confuse the issue with facts!
I remember you lived here, we're usually pretty recession-proof, but not this time... wait, maybe it's not a recession!Small claims court doesn't work very well if the guy really doesn't want to pay you.Have you patented that trailer yet?... and, really, all the best. If dogs run free, then what must be,
Must be, and that is all.
True love can make a blade of grass
Stand up straight and tall.
In harmony with the cosmic sea,
True love needs no company,
It can cure the soul, it can make it whole,
If dogs run free.
The trailer is in semi retirement as I didn't need it as an employee.The story here gets even better. Just received a letter yesterday informing me that my health coverage with my now former employer was canceled effective April 14, but the deductions for same continued up to and including my last pay.Looks like I have quite a few options, will have to look at them and decide which way to proceed
Let's not confuse the issue with facts!
Go get his wife preggers, that'll fix him.Spheramid Enterprises Architectural Woodworks
Repairs, Remodeling, Restorations
"We strive for conversion,we get lost in conversation, and wallow in consternation. "Me.
Your story is just getting worse and worse. Sorry to hear this.
This guy is sounding more and more like a scumbag!. He is/ was stealing from you. Are you in a position to contact a lawyer to see what you can do to get your money? The sooner the better. Maybe you could get some of his equipment or trucks as payment.
Live by the sword, die by the sword....choose your sword wisely.
Lord knows the boss had money for equipment this past year or two, brand new Tundra, dumpster, bobcat, perhaps that's why he is in a financial bind now, but poor planning on your part does not create an emergency on my part. May we be cursed to live in interesting times.Let's not confuse the issue with facts!
"The story here gets even better. Just received a letter yesterday informing me that my health coverage with my now former employer was canceled effective April 14, but the deductions for same continued up to and including my last pay."Most "governments" take very, very, very strong views against doing things like that.If you also have 401k or similar taken out verify that the trustee has gotten the funds.I think that it is time for an immediate trip to the state wage and hour department and also the local district attorny.Also keep any records that you hve showing deductions. Any taxes that are taken out you are protected against. but you might need the stubs next year to show that the amounts.The IRS and state tax departments don't like this either, but often takes them sometime to catch on and take action if he has not be forwarding the taxes.It would not hurt to do a search on the registery of deeds for whatever property is in his name or business names or wifes name and see how many liens or judgements have been filed.How this is done will vary from state to state, but our county also has a separate recording of Uniform Commerical Code records. Those would include tax liens against person or company (vs liens on real property) and liens on commercial equipment that is not titled with the state like cars are.And search on the court records for current lawsutes against him or his companies.The faster that you act the more likely hood that he can scrape up some cash to pay you..
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A-holes. Hey every group has to have one. And I have been elected to be the one. I should make that my tagline.
Thanks for the advise to look at Universal Commercial Codes, very enlightening, but not exactly making my chances of collecting look any better.Let's not confuse the issue with facts!
Curiouser and curiouser... If a talk doesn't straighten things out to your satisfaction, a call to your employment securities commission might help. I'm sorry, I know it's a drag.You have missed one beautiful real spring here. Humidity and heat just kicked in today, latest I can remember.Hey, maybe you can get a job with Taunton? <G>Good luck man. If dogs run free, then what must be,
Must be, and that is all.
True love can make a blade of grass
Stand up straight and tall.
In harmony with the cosmic sea,
True love needs no company,
It can cure the soul, it can make it whole,
If dogs run free.