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Do I have any sort of case against this small company that never paid it's employees?
10-15-2012, 06:19 PM
Post: #1
Do I have any sort of case against this small company that never paid it's employees?
Please read, I need advice.
So after I graduated I found this small company to work for. It was great, I was doing what I loved, etc. But they were a small company and just getting started, so they didn't have a lot of paperwork to go through, they didn't even have w-2 forms or anything. They were just starting off & seemed like the business could skyrocket.. Well, they didn't pay me or other employees for 2 weeks of work.. I even had a contract stating they would pay me, and they are WAY past the due date. The really terrible part is, they keep contacting me, telling me that they're going to pay me, & never do.And they keep making a new excuse every time- "we're waiting on investors", "we don't have the money" etc. Whenever I contact them, they keep saying "oh, we'll pay you tomorrow, you can pick up a check" and never happens.. I even have a paypal. I even said I'd take payments. Just a bunch of lies. I have been more than patient enough. I saved all the emails, have the contract, and screenshots of the conversation, date & time they said they'd pay me.Oh their office isn't where they were, they moved it. The thing is, the company is still going, I can see their website changing & they're on facebook and twitter marketing their company. They're scammers.. Even if I don't get my money I want to make sure they don't do this to others.. what can I do? I already went through dept of labor, they said they couldn't do anything, I tried Better Business Bureau but i can't file a complaint for them for some reason.. Advice? Not what I should have done, but what I should do now. Oh, the paycheck was like 900, so it's not like a huge check, but money's money, but I feel I would pay more in lawyer fees.

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10-15-2012, 06:27 PM
Post: #2
 
That's why they have Small Claims Court. You have all the evidence. File a claim at your local court house. You just do it yourself, no lawyer.

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10-15-2012, 06:27 PM
Post: #3
 
Your state's department of labor.
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10-15-2012, 06:27 PM
Post: #4
 
You need to contact them in writing, certified mail, return receipt, documenting their obligation to pay you and your demand to be paid immediately. Once they have refused that written demand, you have various options, which your lawyer or other law services advocate can explain to you, under your state law, not the least of which is suing them for what they owe you.

You may also demand the W-2 they were obligated to give you, or a 1099 if they claim you were an independent contractor (depending upon your contract).

If you were an "employee" and they did not properly withhold taxes, and other required deductions, they can be brought up on criminal charges for tax evasion, among other things. Your "contract" will be the initial guidance on whether you were employed or contracted independently.
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