Looking For A Little Advice On Not Getting Payed By My Employer.

[Scorcher214]

So I quit my last job at a car wash due to an assortment of problems. One of my checks bounced and haven't gotten paid for two other weeks. He went on vacation money was stolen and he thought I did it and said to meet him on Monday to "square up" and that I would be held responsible for the stolen money.He wont answer his phone, and when I went to the car wash today (where I quit from) to pick up a sweatshirt, and see if he was there, I found an envelope with my name on it. Inside was a check for 40. I was d**n near blown away to see that was what he saw fit to pay me for 3 weeks, on the sole fact that he THINKS I stole money. Which I most certainly did not! I'd be more worried about the alcoholic and crackhead that worked with me! 

 

I'm not sure how to go about this other than catch him at the car wash and confront him. Can the police be called? What can I do? I'm ready to rip somebody up right now.

[jhoffman]

I would file a police report and speak with an attorney. You could even take him to small claims court for the money you think he owes you.

[flyfisher]

I would call an attorney first and go with it from there.  I do not think this is a criminal matter so not sure what a police report will do but the idea of small claims court will probably be the only recourse you have unfortunately.

[nick76]

You can also contact the Michigan Department of Labor.  You as an employee have certain legal rights.  I do believe that he cannot withhold money without certain criteria being met. 

 

http://www.michigan.gov/lara/0,4601,7-154-61256_11407_32352-180810--,00.html

 

He is trying to pull one over on you and yet I am sure he probably has not filed a police report for the missing $$.

 

http://www.michigan.gov/lara/0,4601,7-154-61256_11407_59886-39617--,00.html

 

Other questions can be answered here.  Look under the Wage and Hour Division.

 

http://www.michigan.gov/lara/0,4601,7-154-61256_11407_32352---,00.html

[Zoff]

Not sure about Michigan but in Virginia... totally a civil matter.  Get a lawyer is it is a large amount.  File a small claim is it is not.

[scrutch]

Hey Scorch,

I know this "family" in Detroit.   They're cheaper than an attorney

[deaknh03]

with it being under the table, your not actually an employee, so you are in a tricky situation. I would think that going to the car wash and talking in a respectful manner might help, if not, you probably have to chalk it up to life's lessons.

[deaknh03]

[Scorcher214]

Thanks Nick but but would any of that apply to me since I'm paid under the table?...And scrutch, hit em up tell them I'm in a bind lol.

 

Just remembered too, I still have the key to the place   

[J Francho]

Since you're not legal, he's not legal, you're going to have a hard time getting any help for this.  I'd return that key ASAP.  No reason to leave any door open to "new" suspicions.

[Teal]

Small claims court.

[nick76]

If your employer has been "Paying" you under the table via a check then he is an idiot.  You now have proof that you are an employee and that he is skirting the law by not paying local, state, and federal taxes on you.  You too are also in violation for not paying taxes as well.  You probably have two roads here.....1)  suck it up, return the key, take your $40 and call it a life lesson or 2)  contact the state labor department and file a complaint.  There will be no way he can win the argument that you are a self contractor unless you made that arrangement in writing ahead of time.  BUT....you will probably be on the hook for some back taxes based on your income.  You will also cause a bit more of a nightmare for him and his other employees as he scrambles to make everything legal while be investigated.  It is your call.....how bad do you really want the last bit of money that is owed to you and how much of a risk getting caught for back taxes do you want to take while sticking it to the man.  Your call.  I do believe you are still an employee as long as you can prove a pattern of employment and the checks you were given. 

[A-Jay]

Both you and Your "Boss" have chosen a path where these situations are often encountered.

 

As a result you and he are "playing by a much different set of rules".

 

I'm betting you are already familiar with them - It's the "anything goes" rules . . . . . .

 

  Without communication - sometimes peoples imagination runs a little wild, which when mixed with no rules - is a bad combination . . . .

 

Put yourself in his place - the man thinks you stole from him . . . . .

Go there - tell him you are and were not involved with any loss of funds and hope he believes you.

You have no leverage here - give back the key. - Do not make him come looking for you - because you know he will . . . . . . .

 

A-Jay

[Raider Nation Fisher]

Call the labor board and pay the back taxes. Return the key and play it like everything is cool. Smile be polite, dont apologize or admit fault. Do Not get in a confrontation with him! As good as it would feel, just restrain yourself. Return the key before you call the labor board or anyone else. I would do any and everything legally available to you to out him on the curb. Call the BBB as well. Hell call the IRS, ICE, and any other government agency you can think of on him also. Always remember"Never Forgive, Never Forget".

[Raider Nation Fisher]

If he does start anything with you give me a holla. I know some heavy hitters in Flint Town that are VERY good at problem solving.

[preach4bass]

If you're being paid under the table and not claiming it on your taxes, you're a thief.  If that's the case, I'd leave the man alone, chalk it up to a good learning experience, and keep your business dealings above board from now on.

[scrutch]

Scorch,

You haven't been working there long enough to have missed the chance to claim it on your taxes. You weren't working there during the last Roadtrip so the time to report your income is from now until April 15th. You haven't technically done anything wrong yet. There is still time to make it right.

[Scorcher214]

I would love to give him all sorts of trouble and call the labor board, and pay the back taxes. But I'm so broke there would be no way i could do it. I understand he thinks I stole the money, but he has no proof at all and isn't even considering anybody else. And that is what really gets me heated. The key thing was more of a joke. No way would I try stealing or breaking things inside. He's lucky I'm not that kind of guy. Will be chalking it up as a life lesson, but I'm not forgetting. 

[SirSnookalot]

One of my checks bounced and haven't gotten paid for 

If you have been receiving checks for time worked then you have not been paid under the table, your claim is valid.  If your employer has not furnished you with a w-2 he is violation of both IRS and the State of Michigan, I believe w-2's have to be in the mail by Jan 31, the time limit may have changed, and you are required to file by April 15.  That being said taxes are a separate issue apart from the case at hand.

 

Two questions arise, how much money is involved and is it worth the time and expense to try and retrieve your compensation? Small claims courts in Michigan are under the jurisdiction of their respective counties and the amount you can file for varies.  No you cannot file for pain and suffering due to any hardship by not being paid, only the money can be sued for, filing fees are quite nominal.  Obtaining judgement only means you are entitled to the money, doesn't mean you are going to be able collect.  That's whole different issue in itself, all the employer has to do is close out his checking account and open a new one, you won't have the info to attach it.  Any type of mechanics liens don't apply, in other words, you're screwed.  Your only revenge is filing with the credit bureau, that won't put money in your pocket, only a black mark on his credit, and that will probably cost you a little money too.

If we are talking a larger amount of money, an attorney is the only way to go, but that won't be cheap and doesn't guarantee collection either.

 

Probably the best course of action is to have vis a vis and try and collect ( make a trade, the key for cash, if he hasn't changed the locks already), if not move on and forget about. 

[Scorcher214]

Ya I don't think it is enough to go to small claims court for. And the checks were just like personal checks he'd write out.

[Lund Explorer]

PM Sent

[jbsoonerfan]

I have ran into a similiar situation. If he isn't paying workmens comp on you, then he could be paying you as a sub contractor. Therefore, you are not tecnically an employee of his, you would be self employeed. He could also be paying you day labor or weekley labor, this too can walk a fine line of what constitutes an employee. I would chalk it up as a loss and move on.

[SirSnookalot]

Whether an employee on the payroll, independent contractor or cash under the table the situation remains the same, you feel he owes you money and the $40 was not enough compensation.  I agree about moving on, it just isn't worth the effort.  Maybe he'll come up with a little more money if you see him dace to face, but don't count on it.

[Bankbeater]

I would contact an attorney.  If nothing else than to get the stealing issue out of the way.  That could follow you around for some time.

[jbsoonerfan]

DO NOT get an attorney involved. Unless we are talking $10k or something, you would not benefit anything from taking this to court. This will be public record from now on and any future employer will want to know why you filed suit against this guy. They will probably ask you and probably contact him to find out the circumstances surrounding the suit. Most employers don't want to take a chance on hiring someone that has already tried to take a previous employer to court. This is especially true if this is one of your first jobs and you haven't been working with him for years and years.