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Unread 10-09-2008, 08:02 AM
 
Location: in my mind
2,746 posts, read 9,056,463 times
Reputation: 1484
Default Having trouble getting paid for a job I did...

I'm not sure how to handle this as it wasn't the typical job with the typical hiring method and such.

I answered an ad on Craigslist for a one week only job, and the hiring company was in another state. I communicated via email and phone with the hiring person and I was hired as "foreman" for this position and was supposed to have other workers reporting to me.

Well, the other workers flaked and I ended up "recruiting" my partner, and this was OKed by the hiring person. I was promised extra money for having to do it shorthanded.

The job consisted of distributing marketing materials and the ad gave an hourly wage for both the supervisor job and the worker job, but actually this was based on a flat pay rate and the company's "estimated" time to complete the work. So they were saying it "averages out to" xx an hour.... but whatever.

I received the materials (maps and instructions and the actual materials) and we completed the job, but it took much longer than the time I'd been told it would take (for a variety of reasons). Either way we submitted paperwork upon completion of the job and were told that pay would be mailed 3 to 4 days after that.

Well, the completed paperwork was returned to the company on Sept. 25th and it's now October 9th, and I haven't heard a word about the pay, nor have I gotten any response to emails and phone calls.

Last night, while trying to find out more info on the company, I came across a Craigslist ad in another state where someone was complaining of the same exact thing by this company (several people not being paid).... but in that case it had affected way more people as the project was higher volume in that area. I emailed the person who posted the ad but they no longer want to receive emails about it. They are still "working on getting paid" though.

The company we worked for was hired by a rather large company to print and distribute their marketing stuff, so I've contacted THAT company as well... (it's a home improvement product company) in hopes that they'll be concerned or have a way to force payment or?? I don't know.

Sorry this is so long. Anyway, my main question is how to handle this... normally I'd just try filing an unpaid wage claim but I am concerned that due the whole way it was done that they're going to try and say we were "contractors" and not employees and I never filled out any kind of application, written agreement, etc. I do have the original ads saved as screen shots and I have the emails from the "recruiter" that I received while working on the project and the email about when pay would be sent out, but that's it..
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Unread 10-09-2008, 08:16 AM
 
2,541 posts, read 7,190,187 times
Reputation: 870
do you have a written contract w/hiring person

if so take it to a lawyer and see what he has to say
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Unread 10-09-2008, 09:39 AM
 
Location: in my mind
2,746 posts, read 9,056,463 times
Reputation: 1484
Quote:
Originally Posted by NJ Chutzpah View Post
do you have a written contract w/hiring person

if so take it to a lawyer and see what he has to say
No, that's the problem. It was all agreed upon over the phone. I have a couple of emails between myself and the hiring person, along the lines of "thanks for the update", "let me know if you need the deadline extended" and "pay will be mailed out 3 or 4 days after receipt of your paperwork"... so the emails are obviously about a job but no contract in writing. Oh, and I have the original Craigslist ad(s) they placed.
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Unread 10-15-2008, 12:01 PM
 
935 posts, read 1,334,609 times
Reputation: 431
Have you done research on the company? I mean, maybe there's a company higher up than them that sub-contracted to them and you can contact that company to inform them of the practices. You might be able to file complaints with the Better Business Bureau or file complaints with the FBI Cyber Scam office.
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Unread 10-15-2008, 11:39 PM
 
Location: in my mind
2,746 posts, read 9,056,463 times
Reputation: 1484
Quote:
Originally Posted by kattwoman2 View Post
Have you done research on the company? I mean, maybe there's a company higher up than them that sub-contracted to them and you can contact that company to inform them of the practices. You might be able to file complaints with the Better Business Bureau or file complaints with the FBI Cyber Scam office.
Hi;

Yes, I did as much research as I could and I contacted the company that originally hired this one to do the job. They are sympathetic but said they paid in full up front for the job to be done, and would have never done so if they'd had any idea what was going on. They got stiffed too, as the job wasn't completed. They've put me in touch with some other workers who were also stiffed but none of us are getting very far. I've contacted the news troubleshooter thing in their area, the labor board here, another guy filed a complaint with the sheriff's department there (he lives in CO), I've emailed and called every number I found for the company (about a dozen)... nada.

One guy who lives in the area said he went by the office a week or so ago and was told the checks were in the mail. Recently (the last day or two) he went by and they have moved out of the building.
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Unread 11-22-2011, 11:08 PM
 
1 posts, read 943 times
Reputation: 10
so why dont you post there name all over this site call the attorney generals office , and the post master general sounds like mail fraud also ...
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Unread 11-23-2011, 07:16 AM
 
Location: Wartrace,TN
1,948 posts, read 1,778,632 times
Reputation: 3217
You were a 1099 contractor, there is no question about it. You can not file an unpaid wage claim, your only redress is through the court system. You will not be paid because this is likely to be a small claims court case and even if you get a judgement it is unlikely you will ever collect.

It's unfortunate that people take advantage of others like this but there are a lot of scum on this earth.
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