Possible legal advice?

[Bill86]

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.

[pnoon]

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 and worth as much.

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

[awsmith4]

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.

[JaKaacH]

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....

[jitzy]

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

[pektel]

Originally Posted by JaKaacH

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....

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

[Blueface]

EEOC for starters.

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.

[Bill86]

Originally Posted by pnoon

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 and worth as much.

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

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

Originally Posted by jitzy

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

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.

Originally Posted by JaKaacH

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....

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

Not an option in my case.

Originally Posted by MarioF

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.

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.

[mosesbotbol]

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.

[jkim05]

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.

[awsmith4]

Originally Posted by awsmith4

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.

"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

[cricky101]

Originally Posted by awsmith4

"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

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.

[forgop]

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.

[CigarNut]

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

[Bill86]

Originally Posted by forgop

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.

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.

Originally Posted by CigarNut

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

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.

[T.G]

Originally Posted by awsmith4

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.

Originally Posted by awsmith4

"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

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.

[Bill86]

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.

[longknocker]

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

[awsmith4]

Good luck brother, I hope it will all work out