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I have been working for a General Contractor of construction in NYC for 6 months. We are a small Company with less than 20 salary and hourly employees. At the start of my employment my regular paychecks and replacement checks bounced 5 times because my employer didn't have enough $ to cover my salary. After these issues were resolved I noticed the Company has many financial issues including mismanaged office bills, no Workers' Compensation insurance and default on payments to Subcontractors for work completed.
I assumed roles outside of the position I was hired in order to assist my employer to get the Company back on track financially, i.e. I am the HR department now. Paychecks continue bouncing nearly every week ... this time the entire Company's paychecks bounced. My employer continues to spend Company money on his personal bills, is unresponsive to emails/texts/phone calls and avoids confronting the issues when I ask to discuss.
Considering that I have no one else to approach with these concerns, I would like to know what rights do I have as a NY State employee in case I lose my job or my employer can't pay the Company's employees. Any useful guidance you would be able to provide would be most helpful.
What you have said sounds like employer misconduct. Contact the NYS Labor Bureau at 212 416 8700 or the US Dept. of Labor at 212 264-8185 to file a complaint.
I have been working for a General Contractor of construction in NYC for 6 months. We are a small Company with less than 20 salary and hourly employees. At the start of my employment my regular paychecks and replacement checks bounced 5 times because my employer didn't have enough $ to cover my salary. After these issues were resolved I noticed the Company has many financial issues including mismanaged office bills, no Workers' Compensation insurance and default on payments to Subcontractors for work completed.
I assumed roles outside of the position I was hired in order to assist my employer to get the Company back on track financially, i.e. I am the HR department now. Paychecks continue bouncing nearly every week ... this time the entire Company's paychecks bounced. My employer continues to spend Company money on his personal bills, is unresponsive to emails/texts/phone calls and avoids confronting the issues when I ask to discuss.
Considering that I have no one else to approach with these concerns, I would like to know what rights do I have as a NY State employee in case I lose my job or my employer can't pay the Company's employees. Any useful guidance you would be able to provide would be most helpful.
I know finding a job is hard but you need to get out of there. You have to be confident that you will be paid for services rendered.
Will likely close and go out of business...start looking elsewhere
Agreed. Especially if they have not paid taxes correctly which is likely, as there are serious problems here. The fact the employer is ignoring the situation says it all. There have been cases where employers shut down overnight, and bailed not paying anyone at all. Its unlikely to ever see a dime at all in situations like that.
You should be well into a job search, and any pay you get try to save a little also for a cushion. Look everyday for work and keep that momentum going. This all sucks and I hope you land something soon. This place sounds shady as they get. Good luck OP.
Thank you for sending this information. I was able to file an initial complaint with the US Dept. of Labor over the phone -- they were inquisitive about my concerns and said they would call me before contacting my employer once this case is approved for an investigation.
The NYS Labor Bureau has not yet responded or answered my calls.
Agreed. Especially if they have not paid taxes correctly which is likely, as there are serious problems here. The fact the employer is ignoring the situation says it all. There have been cases where employers shut down overnight, and bailed not paying anyone at all. Its unlikely to ever see a dime at all in situations like that.
You should be well into a job search, and any pay you get try to save a little also for a cushion. Look everyday for work and keep that momentum going. This all sucks and I hope you land something soon. This place sounds shady as they get. Good luck OP.
That's what I thought but I have seen employers not pay taxes and not pay employees properly and stay open. They lie, lie, lie but let the little person commit tax fraud to that degree and see how they'd go to jail.
Thank you for sending this information. I was able to file an initial complaint with the US Dept. of Labor over the phone -- they were inquisitive about my concerns and said they would call me before contacting my employer once this case is approved for an investigation.
The NYS Labor Bureau has not yet responded or answered my calls.
Please be patient. They do take a while before getting back. You might even have to wait a month. Do you have witnesses? It really is sad that there isn't more funding for agencies like the U.S. Dept. of Labor. Anything that benefits the masses is always cut down. Glad you reported it. I still think you need to quit a.s.a.p. because of your job position. I wouldn't want to be so near to all that fraud. I bet your company will try to throw you under the bus.
The NYS Labor Bureau has not yet responded or answered my calls.
Eric Schneiderman is more interested in smearing Donald Trump than he is in pursuing legitimate complaints against employer misconduct.
I posted a link to the Attorney General complaint form. Download the form, fill it out and send it in. You can also contact the NYS Assembly person representing the district where you live. If you don't know his/her name, fill in your address in the link below.
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