They still owe me money...
I quit my job almost a month ago because I was going to get let go over petty things. I had been considering leaving either way since they NEVER paid me the correct amounts. I worked as Internet Director at a dealership, but I was working various positions with one fancy title. I kept getting promised that I'd get a raise and that I'd get to build my own department, blah, blah, BLAH. I never saw the raise. That's beside the point though. Every month, I had to fight with payroll because they never paid me the right amounts when it came to my commission. I ended up having to calculate the amounts myself and then turn it in to my boss to sign so that HE could then give it to the accountant so she could submit it to payroll and pay me. I've never had a job where I was on the books and the company didn't pay me on time or the right amount until I got to that store. It's too bad I was a salaried employee because i worked so many hours that I SHOULD have been getting overtime but that's what happens when you move up i guess? I had the longest commute (1 hour drive one way, 80 miles round trip) and was the one constantly asked to go on my days off or to start earlier and leave later. I worked hard and didn't complain. I already have to take antidepressants but that job made my mental health deteriorate with a quickness and heightened my anxiety to the point where I now have anxiety attacks. I hadn't gotten paid my bonus for the month of February and my boss was being slow about cutting my check, claiming he had to look over my pay plan and he'd fill out the special form for me and sign it and turn it into payroll (it was the first time in the 6 months that I was there that I had hit my bonus). I was frustrated but I didn't know what more to do. I already had the nagging feeling that I wasn't going to see my bonus check along with my regular pay and my commission and hey look what happens. So I leave mid March and tell them to send my final check and all paperwork to me because I wasn't going to drive an hour to spend 5 minutes there. Big mistake. I should have gone the following Monday (I quit on a Saturday and the business office was closed) so that I could correct their mistakes on my final checks. I did get my bonus check, but as a salaried employee I was receiving a base pay of $2,225. I received a check of $167 and some change based on an hourly rate of $12.98. My commission is all screwed up too, I sent two emails before the accountant called me and told me to email her everything and she'd send me a check for the difference. When I asked about the $167 check she told me that they had to calculate the rate because I did not work the whole month after the pay period ended (I quit the 18th, the pay period ends on the 15th.) and that was why I only got a portion of what I "worked". I'm in California, but I don't quite understand why I didn't receive the remainder of my salary (I was under the impression i should have gotten a check of $1,125 before tax). Is it because I quit and didn't give a notice? When I left the job before I went to this store, i did give my two week notice and I got paid all unused vacation, sick days and my entire base pay. I've never quit any job, this is the first time. I'm not the only person they have done this to. A friend of mine left there well before I did and he struggled to get paid what he was owed and had to keep threatening them with the labor commission because he also did not get paid the remainder of the month even though he was also a salaried employee. It's been a week now and I still have not received the rest of my commission nor any communication. These people still give me grief even though I'm not there anymore. I don't know what my options are, I hope one of you guys can help! Thanks!!!
First of all take a deep breath getting anxiety attacks and not being able to breathe is not worth it but what I would do is make sure that you get all your pay stubs if you have any type of letters or or anything from HR saying what you were supposed to get paid your salary your commissions and if you have anything on your email from your employer I would take it to a lawyer but getting sick over this is not worth it there other jobs over there and you can do it your health is not worth it you're too good for that
Call your state wage and hour division. They will clean it up and look into any fines owed to you under withholding wages.
You could try to file unemployment, even though you quit. They do consider hostile work environment as good reason for having to quit. Having to constantly fight to get paid correctly maybe good reason. Cite your friend who also quit and had to threaten a complaint with the labor board to get his pay.
I would advise the past employer of your intent to speak with the labor commission if they cannot reach agreement on the amount you are owed. Ask to schedule a time you can meet to settle the issue, and pick-up your check. The company will probably not fix it, but at least you are notifying them of your intent, and offer to help fix. They sound like clowns, and completely inept, but still follow through. If you have to go to the commission, do not hesitate. Good Luck...
Labour board
Proceed to seek legal advice if you're seeking compensation but have your facts in order though. You might just have a case. God bless you on your journey
Sorry this has happen to you.
Claudia , take to the labor board and report them and get all your duck's in a row before you go . And show them that all the hours you weren't paid they will get all your money.
Hi Claudia, I am so sorry that you were subjected to this kind of treatment. I have several thoughts I would like to share with you. I have read most of the folks that have commented on your plight. All very good ideas. Someone may have suggested this and I overlooked it but the EEOC is also an additional ave I would pursue if I were in your shoes. It would be my personal mission in life to exhaust all legal remedies that are available to employees. Document everything! Get names numbers and dates. Everything!!!! I know most people probably get tired of reading about my passion for LegalShield but it is the Best legal VALUE for the money. For $30.00 initially ($20.00 there after) to enroll, after a short 2-3 days enrollment processing, you will receive a member ID. (12 digit number) and you will receive a welcome email. It has been my experience to call at 3:45 pm in the afternoon during M-F. The attorneys actually call you back. Additionally, my personal favorite feature that I use to the max is the unlimited legal consultation service. There are many more services that are included in your membership but If you need to sue and my guess is that you will, you will get a 25% discount on any referred services. In your case, Lets say the small claim amount in CA is limited to $10,000 Reference (http://www.personalinjury-attorney.com/california-small-claims-court-limits-rise-to-10000/), mind you I am only sharing with you a article that cam up on Yahoo regarding CA small claim limits. If after you have completed a detailed summation of what this company owes you and you do not reach $10,000, you may be required to file suit in the defendants jurisdiction small claims Court. You will also have to proceed Pro Se, no attorneys allowed, but there are several steps prior to that. Personally, it is my belief that demand letters from Attorneys tend to illicit better responses from defendants then regular certified mail. When a person receives a Certified letter from the attorney, it usually becomes REAL. They may just contact the attorney an issue a check and an apology (best case). As you can tell, there are several remedies. Sometimes your results will be dictated by the method pursued. I am personally having a somewhat similiar issue and my attorney advised the EEOC first. If you need any assistance, Keith Field, 501.259.5914 drfield2013@yahoo.com, www.legalshield.com my Associate number 1147976590.
Meanwhile, back in Gotham, the rich, they just get richer & the one superpower that Bruce Wayne does not have, well it seems to be compassion