Possible legal advice?
 

So recently I had a job bartending and now come to my first check it was for about 30% of the money I had worked. Also noted the check was written out to "Bill" making it impossible to cash. Obviously without a last name and my legal name not being "Bill" no bank in their right mind would cash it. Another problem is taxes were taken out of this check without me ever filling out tax forms (w2's or whatever). About 5 days have passed since I've worked there and no other checks were sent. So as of now I have not been paid.

I've also not been contacted at all, and they have my address and phone number. It seems like they are trying to simply not pay me for the work I put in and of course I'm out the job which blows too. The last phone calls I had with them were about my pay and basically they blew me off with the "we'll get back to you" and they simply never did.

For obvious reasons I'm not getting into all of the details yet but hopefully this gives some of you enough to work on or maybe a similar experience though I really hope not.

Right now what I'm thinking of doing is sending them a request for the money they owe me and seeing where that goes. Of course again if they don't pay me that's where I need to know where to go with this.

This is some of the shadiest business practices I've seen yet and I never imagined an employer just not wanting to pay people for their work.

Any advice would be great.

Re: Possible legal advice?
 

If they don't respond to your satisfaction, you may need to hire a lawyer. Unless there is an attorney on the board who is up on your state and local laws, do not take any specifc legal advice from here.

Generic advice on how to handle the situation may be forthcoming and helpful. But ultimately, you should consult someone locally.

my :2 and worth as much.

Good luck, Bill. I hope you get paid for your work.
Posted via Mobile Device

Re: Possible legal advice?
 

I agree with Peter, but also check with your state's labor department. They are the ones who usually deal with that issue in GA.

Re: Possible legal advice?
 

There's nothing like a little face to face time with the person who hired you, and/or the person who gave you the check...


But thats just my opinion....:sl

Re: Possible legal advice?
 

can't you just write your name in on the check?

Re: Possible legal advice?
 

This. You can bet your a$$ I'd be at their doorstep. Business AND home addresses.

Re: Possible legal advice?
 

EEOC for starters.

Re: Possible legal advice?
 

Could the days you work been in 2 separate pay periods, so that you would get a separate check for the balance in the next pay period.
And I would just deposit the check in your account, a bank won't cash it but they would probably deposit it.
Good luck.

Re: Possible legal advice?
 

I completely agree I wasn't out for specifics, just general advice and maybe some past experiences?



Even if I could, like I said it was for approximately 1/3 of the money they owe THAT week. Not even total. Realistically crossing out Bill and writing William and my last name wouldn't look good either. I have horrible handwriting as well, not to mention that money was taxed as well without me filling out proper forms.


If it were a dude who wrote the check..........

Not an option in my case.



No, I verified that and it was on the memo part of the check. I asked my bank and they said no dice on them taking the check any possible way.

As well as when I brought up the error in pay I never got calls back I had to make the calls myself and I was repeatedly blown off. Then after refusing to come to work till I was paid, I never received another call or another check or any check for that matter even for the next weeks pay.

Re: Possible legal advice?
 

Do you know any Russians or Italians to pay them a visit?

Do you know where their kids go to school?

In all seriousness, I think the basic legal advice will work if you have to go after them in small claims court. I would call the labor board, inspectional services (for some pay back), and attorney general's office for advice.

Re: Possible legal advice?
 

Seems like a more complicated situation, but just on the point about the name on the check, if it had your last name, even if it was Bill vs William they would still cash it. As long as it is similar, they don't usually question it.

Re: Possible legal advice?
 

"What is the law concerning payment of final paychecks to employees?
Tennessee employees who are laid off, fired, or who quit must be paid their wages in full at the next regular payday, not to exceed 21 days from the date of their discharge or termination. Claims against an employer for late payment may be filed with the Labor Standards Division. The Tennessee Department of Labor and Workforce Development has the authority to enforce this law. You may review this law at Tennessee Revised Statutes Title 50-2-103(g)"

http://www.tn.gov/labor-wfd/faq_laws.html

Re: Possible legal advice?
 

I think that would be the best start, before you pay to hire a lawyer. File a complaint, someone from there will make a phone call, and maybe it will light a fire under their a$$ to get you a check. :2

Re: Possible legal advice?
 

I would start with your state's labor board and your state's department of revenue. With apparently no official employee paperwork being completed, it would be quite easy for them to "withhold" taxes from your paycheck and then it never ends up in the state's hands. Failure to pay wages due is obviously a violation of your state's labor laws. You might even fully encourage your state's liquor board to inquire whether the bar is being compliant with applicable liquor laws as well pertaining to its employees.

Is it possible they saw how much you drank and deducted your tab? Sorry, bad joke. ;)

Re: Possible legal advice?
 

Bill, I wish you the best of luck in getting this all resolved quickly and satifactorily!

Re: Possible legal advice?
 

:r Thanks Duane, I definitely got a laugh out of that one. Nah I never had more then 2 drinks there on any occasion, and as always I pay my tabs.


Thanks much appreciated. I'll be dropping a lovely letter in the mail today. Luckily I didn't work there for many shifts or very long.

Re: Possible legal advice?
 

:tpd:

I know a few people who, in unrelated incidents, had to go to the CA labor board over payment disputes and non-payment by employers. In all cases, the former employers always coughed up the money in hurry once they received the letter from the state.

Re: Possible legal advice?
 

Well with what Albert said, I mailed off a letter signed and certified for restricted signature confirmation requesting the money owed to me in 10 days. It should get there tomorrow, and there is no possible way it doesn't get to her and only her. If she refuses to sign for it I'll be taking things up with the TN labor board. I have clock out slips from 8 out of 9 shifts so there's no way I could be off by more than a couple bucks. Hopefully I get paid.

Re: Possible legal advice?
 

So Sorry To Hear This, Brother. Glad You Kept Receipts & GL In The Resolution Of This Mess.:tu

Re: Possible legal advice?
 

Good luck brother, I hope it will all work out

Re: Possible legal advice?
 

Thanks Greg and Albert. Now I play the waiting game and see what happens.

Re: Possible legal advice?
 

hope it works out bill
all I could say would be document everything you can and hold onto everything you have from them

Re: Possible legal advice?
 

Isn't that what Unemployment was designed for?

:confused:

Re: Possible legal advice?
 

I literally worked there for like 9 days. I haven't looked into it but I'm really doubting I could collect. I worked 38 hours the first week, 30 hours the 2nd week and my final day was like 7.5 hours. That and I wasn't fired, I didn't quit......I just refused to work till I was paid and she refused to pay me. Kind of a stalemate there.

Although for the record I know nothing bout unemployment.

Re: Possible legal advice?
 

That makes two of us...which is why I asked the question.

Re: Possible legal advice?
 

Quick update, I got another check that cannot be cashed for the wrong amount a few days ago. She chose not to sign the "authorized signature" this time. It's now been 2 days short from 4 weeks, I have not received a dime. I seriously cannot understand how businesses that do this remain open.

Re: Possible legal advice?
 

Bill, have you talked to the labor board yet? It's really sounding like you have more than enough valid reasons to get in touch with them over this.

Re: Possible legal advice?
 

Yeah I've been talking to them for the past 2 weeks. Supposed to receive a call yesterday so I left a message today.

Re: Possible legal advice?
 

Me? I woulda put some chicken scratch in the signature line. But that's me, and I AM a douchebag.

Re: Possible legal advice?
 

That's only safe to do in Douchebagistan...

Re: Possible legal advice?
 

Yeah but again it's for like a third of the money owed to me just not worth it.

Re: Possible legal advice?
 

You may also be able to take them to small claims court. Do you have any proof that you worked there, ie time card, any related paperwork. Will any of the employees be willing to verify your employment with the bar?

Re: Possible legal advice?
 

My clock out slips and the schedule with my name on it.

As for the employees I don't know. Didn't really know them well.

Re: Possible legal advice?
 

:tu

Re: Possible legal advice?
 

It believe its only a couple of bucks to file a suit in small claims court. Maybe that will get them to get off their butts and pay you, which will be less costly than going to court.

Re: Possible legal advice?
 

Hang in there man, things like this and the with you handling it all legal, tend to come back and bite the offender in the arrears :)

Karma!

Re: Possible legal advice?
 

Very true...or I can fly down, we dress up in all black...and start some Sh!T

Re: Possible legal advice?
 

I'm in! I'll bring the aluminum baseball bat. :sl;)

Re: Possible legal advice?
 

I did not know that, that changes my opinion completely, Bill.

Re: Possible legal advice?
 

sorry to hear its still going on
hope you can get it resolved

Re: Possible legal advice?
 

Bill - I talked to my business lawyer, who also teaches, among other courses, ethics at a top-10 law school. She says that, if you have solid evidence of misdead (which, based on my representation she thinks is the case), that you should call the state bar association to find someone that will give you a free consultation. She says that it may be best to go to small claims court if the amount is below the limit there, since you will not have to pay for an attorney, but that is your call.

Make sure that if you go the attorney route that you stipulate that they go for the amount you are owed plus attorney fees and that they agree to a proviso that makes you whole before they get their fees (gives them incentive to not settle pennies on the dollar and screw you over in favor of them making money).