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ISneezeFunny · Jan 11, 2008, 09:04 AM

I worked for a small company out of my state. The deal was, I would keep track of my time, faxed them my time sheet, and they would mail me a check.

This was in June of 2007. I have been going back and forth and back and forth arguing... pretty much, at first, it was a huge misunderstanding as we were talking about two different paychecks. Finally, in December of 2007, we figured out that we were talking about the same paycheck. Now the company is arguing that they sent out the paycheck and it has been deposited. I requested to see the check but they would charge me $30 for research.

What's my best move here?

Fr_Chuck · Jan 11, 2008, 09:17 AM

Assuming you are willing to risk being fired for some other reason, you can report them to the dept of labor to have them investigated, or sue them.

They should have computer records of check number issued to match up with each date that you mailed in atime sheet.

Justice Matters · Jan 12, 2008, 04:01 PM

Another option is to pay them the $30 they have asked for to provide proof of payment to you.

If they are right and you are wrong the $30 was well spent to clear up the misunderstanding and avoid an unnecessary lawsuit.

If you are right and they are wrong then you can demand reimbursement of the $30.

And if they don't produce proof of the cheque after you paid the $30 this will further aid you case since an adverse inference could be drawn that no such cheque exists.

It would therefore seem that the $30 expenditure is a worthwhile investment.

JudyKayTee · Jan 12, 2008, 04:17 PM

Originally Posted by ISneezeFunny

I worked for a small company out of my state. The deal was, I would keep track of my time, faxed them my time sheet, and they would mail me a check.

This was in June of 2007. I have been going back and forth and back and forth arguing...pretty much, at first, it was a huge misunderstanding as we were talking about two different paychecks. Finally, in December of 2007, we figured out that we were talking about the same paycheck. Now the company is arguing that they sent out the paycheck and it has been deposited. I requested to see the check but they would charge me $30 for research.

what's my best move here?

They say it's been deposited - I'm sure you know where your accounts are. Check your bank statements.

ISneezeFunny · Jan 12, 2008, 10:47 PM

Update:

Misunderstanding has been cleared. Now they're agreeing that there's no proof of them sending me a check. However, since it's been "too long," they are not willing to do anything about it.

By the way, this is not some corporate company. It's a small business started by a guy. It has a business license, business account, etc.

twinkiedooter · Jan 13, 2008, 08:43 PM

I don't buy their lame excuse of it's been too long as you brought it to their attention in a timely manner. Try telling that you will be filing a formal complaint with BBB, as well as filing a lawsuit. Hopefully they said that it was their fault for not paying you in writing. Did you do all your asking in writing also? If this was a sizeable check they owe you I would go after them legally if you have the documentation. If no documents available, or not such a large amount you may possibly be stuck having them gotten one over on you. Next time, everything in writing, OK?

Fr_Chuck · Jan 13, 2008, 08:47 PM

No such thing as "too long" sounds like you need to get some resumes out, if you are working for a company that is not paying properly.

A demand letter for the money and if they don't send it, basically you will need to sue for it.

Ok, if it has been a ocuple of years, there will be a SOL at some point, but assuming it has been a few months, they have to pay.

ISneezeFunny · Jan 13, 2008, 08:49 PM

Thanks for your advices everyone. It's been roughly 6 months. Sadly, the money's not worth me suing. It's not worth me going to a lawyer's office. It's just that I was looking forward to this money to buy a new laptop for my brother. I may have to just accept that it's done and over with. Moving onto a new job.

Fr_Chuck · Jan 13, 2008, 09:05 PM

You don't need an attorney, just file in small claims court, simple, cheap

getpeaceofmind · Feb 15, 2008, 08:28 PM

If I were you, I would sue them right away, file complaints with your states labor board. I would personally have the guy served with small claims papers and make sure everyone around him knows he is being sued. I would videotape the service. If you get the judgment then attempt to seize the family dog. I would go after this guy so hard, he may just roll over. Why, WHY would you ever allow someone to cheat you like this, and then allow him to go on cheating everyone else? The only reason he is doing this is he knows you won't fight back.

JudyKayTee · Feb 16, 2008, 05:45 AM

[QUOTE=getpeaceofmind]If I were you, I would sue them right away, file complaints with your states labor board. I would personally have the guy served with small claims papers and make sure everyone around him knows he is being sued. I would videotape the service. If you get the judgment then attempt to seize the family dog. I would go after this guy so hard, he may just roll over. Why, WHY would you ever allow someone to cheat you like this, and then allow him to go on cheating everyone else? The only reason he is doing this is he knows you won't fight back.

Why would you videotape the guy getting served? Do you need that in California? Here in NYS the Affidavit of Service is sufficient and although I've had quite a few questioned I've never had one thrown out for bad service.

Speaking only for NYS the Court does not want the Plaintiff getting involved in service and I've seen outrageous Plaintiff involvement turn up in a countersuit as harassment - and the Defendant winning. Of course I don't know if the Court would consider videotaping service to be outrageous. In theory you turn it over to the Court by filing and they take it from there. In theory.

Fr_Chuck · Feb 16, 2008, 08:42 AM

Originally Posted by getpeaceofmind

If I were you, I would sue them right away, file complaints with your states labor board. I would personally have the guy served with small claims papers and make sure everyone around him knows he is being sued. I would videotape the service. If you get the judgment then attempt to seize the family dog. I would go after this guy so hard, he may just roll over. Why, WHY would you ever allow someone to cheat you like this, and then allow him to go on cheating everyone else? The only reason he is doing this is he knows you wont fight back.

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Since you threw in about taking the family dog ( poor puppy) I will assume this post was intended as s joke showing how over board you can go trying to collect some money.