non-paying employer

**jgibson2**[$] · #1 09-24-2007, 12:00 AM

My son's employer is now officially 2 paychecks behind in paying him and owes him over $1000 in reimbursements for tolls, parking, and gasoline (from as long ago as March). Rob has gone on strike and is full-time looking for another job, but he isn't happy about this at all.

Fortunately, most or all of the work was done in VA which apparently will go after employers in cases like this much more aggressively than MD will. I've downloaded the form and we'll fill it out and mail it in the morning.

I want to sic my mom on the boss. Rob isn't in favor of that. Mom just nices people into submission, so I don't really see the harm. She's a retired schoolteacher (9th grade general math for many years) so there is steel in that velvet glove.

Any other suggestions? I'd go to Joan, but I don't think employer/employee issues are her field.

**mjfrombuffalo**[$] · #2 09-24-2007, 06:51 AM

Hubby went through this once. Quit and filed a complaint with the labor dept. was what he did.

**jgibson2**[$] · #3 09-24-2007, 09:44 AM

I think the labor dept is probably Rob's best bet. It's probably going to take months to get his money, though.

**mjfrombuffalo**[$] · #4 09-24-2007, 09:47 AM

Yup, if he gets it at all - Hubby's employer closed up shop in the middle of the night and fled the country. But any time an employer doesn't make payroll, you know it's time to get the hell out of Dodge because Business 101 is "pay your staff, no matter who else you have to stop paying to do so." Misisng payroll twice means the organization is probably circling the drain. At least having something on file with Labor means a lien against the owners that has to be satisfied, and I think payroll is ranked higher than other creditors.

**lynnzop**[$] · #5 09-24-2007, 09:49 AM

I think you need more lawyerly expertise than Joan probably has, but she can correct me.

Sounds like the labor department is the best bet to start tho...you won't be out expensive fees and will likely get some action.

The employer sounds like a scumbag. As a side effort, can you file something with the BBB? If they are treating their employees this badly, I would suspect they are not giving the greatest service either.

**jgibson2**[$] · #6 09-24-2007, 10:06 AM

Service is provided by techs like Rob. Scheduling is actually by someone outside the company that hired Rob. The computer manufacturer has a scheduling company that schedules the techs who apparently were hired by Rob's employer and other subcontractors.

I don't think BBB can help him, but people at several levels in the scheduling operation know he's not taking calls because he hasn't been paid.

**jgibson2**[$] · #7 09-24-2007, 10:21 AM

Quote:

mjfrombuffalo said

Yup, if he gets it at all - Hubby's employer closed up shop in the middle of the night and fled the country. But any time an employer doesn't make payroll, you know it's time to get the hell out of Dodge because Business 101 is "pay your staff, no matter who else you have to stop paying to do so." Misisng payroll twice means the organization is probably circling the drain. At least having something on file with Labor means a lien against the owners that has to be satisfied, and I think payroll is ranked higher than other creditors.

I thought the company was probably in trouble when the man cancelled Rob's company cell phone and promised to pay him an extra $40/month toward his own cell phone if he used it for company business. Fortunately, he isn't out of pocket on that deal, but I doubt he'll see the money for it. That was a couple of months ago and Rob has been sending out resumes and interviewing since then. He has only been offered short-term contracts and hadn't taken them, but since he's missed 2 paychecks, he'll be taking whatever he's offered until he gets a permanent job.

**mtomm**[$] · #8 09-24-2007, 10:56 AM

Labor Dept. BTDT

**jgibson2**[$] · #9 09-24-2007, 11:20 AM

I've been looking at the information from the Labor Dept. They won't help with reimbursement, so it looks like Labor Dept and small claims court. The question is which state. I'd love to make the man come to MD to answer, but we may have to do it in NC where the company is based. More phone calls, but Rob gets to make those. On the plus side, my mom lives near the company in NC, so small claims court there isn't as big a deal as it might otherwise be.

Rob has kept every single email, attachment, and receipt from this job, so filing will be a PITA, but easy to document.

**theworm**[$] · #10 09-24-2007, 01:11 PM

I'm so sorry! Labor dept and small claims and a lot of praying. You can't get blood from a stone, but they should have to pay Rob as they liquidate whatever assets they have. I would definately speak to an attny. If they owe Rob, they owe a lot of other people too, and he needs it documented so that he gets his fair share.
Hope he finds a better job soon!

**jgibson2**[$] · #11 09-24-2007, 06:05 PM

I spent the day doing some research. The business hasn't been at the address they claim to use since at least last October -- 3 months before he was hired. This isn't looking good. I'm not sure the state agencies will be much help without an actual address. At this point all we have is a cell phone number which he declines to answer and an email address he ignores.

I've also found out that he's done this to other people. I'd suspected that, but I found proof in the form of a comment on an article in the Washington City Paper. No way to contact the person who posted, but he's owed over $2k and knows people who are owed more than $6K.

I have a nephew who is a newspaper reporter in NC who might be able to tell me how to get more information. I have to call him tonight.

**theworm**[$] · #12 09-24-2007, 07:02 PM

That's terrible!

Did you son get any paychecks from them? If so there should be information there that will help an attny track him down. Any money may be a long way in coming, but you really should speak to an attny. I'm so sorry he's having such a bad experience so early in his career.

**jgibson2**[$] · #13 09-24-2007, 08:01 PM

He has pay stubs, but they have the address on them that someone else has been in since last October. There is no employer number on the checks. We're worried that he hasn't been submitting the tax and social security payments he's been deducting from Rob's checks.

OTOH, that gives us more agencies who'll be glad to go after him, but less chance we can actually recover the money he's owed.

**theworm**[$] · #14 09-24-2007, 09:15 PM

It's not going to help get the money, but if they committed tax fraud they're in big doo doo.

**jgibson2**[$] · #15 09-24-2007, 09:50 PM

I hope he's sufficiently afraid of the IRS, but he may be counting on not getting caught. I'd love to see him in jail, though. He's done this to more than a few people.

I'm seriously considering placing a craigslist ad looking for people he's scammed. I don't know if that will drive him underground or help by getting people to share the information they may have on him.

bbaker46 · #16 09-27-2007, 12:49 PM

I am an ex employee of networx. I worked there from 3/05 to 2/06. I found your info .Scott Strother owes me ~ $5000.00 in pay and expenses. Any information you can share with me would be helpful.

Bruce Cameron Baker

bbaker46@suddenlink.net

*emeleel* · #17 09-27-2007, 01:08 PM

Welcome, Bruce!

You might want to edit out your personal information and send that to jgibson2 in a Private Message (PM). Click on her name, and it will bring up a drop-down menu.

That way, your private information isn't out on the Web for all the world to see.

I hope y'all can help each other and get some resolution!

magenta321 · #18 09-27-2007, 10:31 PM

Good luck, Bruce. And welcome