Not Being paid By Employer (Miami: sales, credit card, unemployment)

[AHeller]

Hey,

I am a 1099 salary paid employee.

My employer hasnt paid me consistantly in over 3 months, and now owes me over $3,000.00 in un-paid salary and commissions.

What are my rights, is there anything I can do legally without losing my job?

[dadeguy]

if you are a 1099 you are self employed. this is a grey area and there are specific rules by which the contractor must abide in order to maintain 1099 personell. most often it's a dodge by unscrupulous business owners to skirt paying contributory taxes for their employees. however without knowing the nature of your work relationship with your contractor it's hard to say if he or she is doing anything wrong.

have you considered informing this person that you will get the gubmint involved if they don't square accounts?

[AHeller]

I work in sales, we do credit card processing and provide working capital for businesses.

I also recive $250.00 a week in salary.

Currently my employer owes me over $700.00 in past due salary and over $2200 in past due commissions.

I work from there corporate office.

Currently I am there only employee.

With how hard it is trying to find a good sales job in Miami, I havent gooten the goverment involved yet, but I am considering doing so because I am now getting behind in bills and I am running out of money for basic needs.

What is frustrating me is that they are getting paid from the banks from the deals that I am closing, and using those funds to pay their operating expenses and personal bills and neglecting there only employee.

Without me they would not be bring any capital in the businees.

When I approach them on this they yell at me for asking to be paid and say they will pay me when they have the money.

[doggiebus]

Have you sat down with them and said look I need to get paid, to pay my bills which I am behind on already? Many employers in their position can understand that I would think. Or maybe they can pay you a portion they owe you vs. all in one big chunk. Just remember its tough out there not just for people but companies too, someone I know, has a company and they don't pay their employees on time either (so you are not alone), because their business doesn't get payed on time from their vendors. Since you are 1099 have you thought of not doing anymore work for them till they pay you? If you go the legal route you will burn a bridge, and depending on your field of work, word could get out that you took legal action and so future work could be affected, just a thought.

[AHeller]

That is my biggest fear, the sales world in Miami is a small place, so thats why I dont want to take any leagal action against them.

And if I stop working, then they could very well just not pay me.

So currently I go to the office and I work the very min. but I still get what needs done, done.

I am a hard worker and it really hard for me to try to slack, but I have had several very heated discussions with them about what is going on with my personal finaces.

The frustrating think is I have no debt, I owe no one anything, with the exception of my rent, elec, and cable.

So if you take in all of my monthly expenses to survie it comes to less than $1400 an month including food and gas to get to and from the office.

Last month they paid me $1200 of what they owed me but I generate so much business in sales, that less than a weeks worth of pay.

So I am living on Cups of Noodles, while these guys live in The Beach Place in Hallendale beach($3000 a month rent), dining out every night and using the companies money to pay for there lifestyle while not paying me.

At this point I just want to get paid already so i can find another job.

[dadeguy]

you are working for a scammer in a scammer line of work

[SoBe_ToBe?]

You really have two options here: 1) convince them to pay you, or 2) take them to court.

Be advised that if the company goes bankrupt, you're really nothing more than just another unsecured creditor, although your claim for wages will be treated as a priority claim (though it won't be at the top of the list). This should give you no comfort because, as you are already aware, they are bleeding the company dry. You will likely receive nothing.

I hope you're already looking for another job. That's what I would recommend. Once you have secured another job, I would then take them to small claims court.

[RicT]

Originally Posted by AHeller

And if I stop working, then they could very well just not pay me.

Sounds like you're already at this point.

They're using recession-fear tactics to keep you working for nothing. I'd cut my losses and just move on. Even if they do eventually pay up, what's to say they won't put you in this same position a dozen more times down the road? Who wants to live like this?

[Lost in Translation]

I would not normally recommend this, but you could get a copy of the list of company clients, tell your boss you're going to call them and thell them the company is going bust and not paying its employees. You'll probably get fired, but at least you'll get paid what you're owed.

Sounds like the company is going bust. I'd look for new work immediately. If you're good at sales, you'll find something soon. I've heard there are sales jobs out there for those with a proven track record.

[doggiebus]

Originally Posted by Lost in Translation

I would not normally recommend this, but you could get a copy of the list of company clients, tell your boss you're going to call them and thell them the company is going bust and not paying its employees. You'll probably get fired, but at least you'll get paid what you're owed.

I wouldn't suggest doing this, you still may not get paid if you do this, and the only thing that will happen is you have now pissing off the employer and burned that bridge for sure. You never know down the road when you will need or want to contact your current employer down the road. And plus if you get fired for doing that, you will not qualify for unemployment.