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Started By
Message
re: Where to go to Report an Employer who has Failed to Pay 6 Weeks Later.
Posted on 8/6/16 at 8:25 am to baldona
Posted on 8/6/16 at 8:25 am to baldona
quote:
I'd go out on my own and have someone work for you for the 30% or less even.
Technically he is on his own, probably getting a 1099 at the end of the year instead of a W2.
Sometimes it's not that easy to work directly for certain clients. Several larger companies limit the contractors they have working for them so the only option is to go through one of those contractors to provide a service. So if he is doing work predominantly for one of these companies, he has to go through someone like her.
I'm not sure what field he works in but it is common in the oilfield for the larger companies to utilize one or two companies that or basically clearinghouses for labor. Typically you can negotiate an 80/20 split if you provide your own workman's comp and liability insurances. If the clearing house covers you, then there is also a flat fee or additional percentage tacked on. The billing is also done through the clearinghouse and you usually don't get paid until they do.
1
Posted on 8/6/16 at 11:25 am to mdomingue
I contacted the insurance company that I am enrolled in under a group plan under her practice and informed them of the situation. Hopefully they take her off the list of providers and it cuts into her referral source.
Posted on 8/9/16 at 11:57 am to JabarkusRussell
I'm enraged. I contacted the insurance company and told them off the situation. They pulled up the records for the appointment on 6/23. They said the claims were submitted on 7/8 and paid on 7/11. She's had my money well over a month. I emailed the owner who has been ignoring my messages to say I am getting legal representation.
Posted on 8/9/16 at 12:08 pm to JabarkusRussell
quote:
She's had my money well over a month. I emailed the owner who has been ignoring my messages to say I am getting legal representation.
Smart move.
Posted on 8/9/16 at 12:23 pm to NYNolaguy1
Anyone know of any decent lawyers in the Covington/Mandeville area?
Posted on 8/9/16 at 12:32 pm to JabarkusRussell
quote:
I emailed the owner who has been ignoring my messages to say I am getting legal representation.
I would not tell her anything else. Hire a lawyer and let them handle it...
Posted on 8/9/16 at 5:59 pm to wickowick
She said this in response.
"After some discussion on this with our attorney last month, we will be paying you one large check for all of your claims after all of your final claims have been processed and paid; You will need to sign a statement that you have been paid in full for all of your claims."
My last client is Thursday, a full 7 weeks after that first session I haven't been paid for. It takes up to 3 weeks for insurance to reimburse. That means I will have to wait 10 weeks to get paid!
"After some discussion on this with our attorney last month, we will be paying you one large check for all of your claims after all of your final claims have been processed and paid; You will need to sign a statement that you have been paid in full for all of your claims."
My last client is Thursday, a full 7 weeks after that first session I haven't been paid for. It takes up to 3 weeks for insurance to reimburse. That means I will have to wait 10 weeks to get paid!
Posted on 8/9/16 at 6:26 pm to JabarkusRussell
If you are an employee (what they call you isn't that relevant), then you can get a 90 day wage penalty in a Louisiana payday lawsuit.
You need to talk to a lawyer in your area who knows employment law.
You need to talk to a lawyer in your area who knows employment law.
This post was edited on 8/9/16 at 6:30 pm
Posted on 8/9/16 at 6:34 pm to slam627
quote:Don't go to any agency. Get a lawyer. If he's made a demand for the money and he is an employee (not an independent contractor), Louisiana has a very plaintiff friendly pay day law. If you aren't paid within 15 days or the last pay period, whichever is earliest, then a penalty starts that can be up to 90 days wages.
Louisiana Workforce Commission is the appropriate government entity in Louisiana. Department of Labor doesn't exist...it became La. Workforce Commission several years ago.
Example: Employer owes you one day of vacation pay but refuses to pay. Your rate is $15 per hour. If you aren't paid 90 days after the pay is due, you would be entitled to the full penalty unless the employer can show good faith (not an easy burden).
90 days x 8 hours x $14 per hour is a $10,800 penalty (and yes, penalties over $5000 are common in these cases).
(Note: This does not constitute legal advice, each individual situation is different, seek legal advice).
Posted on 8/9/16 at 6:54 pm to JabarkusRussell
LOL, you were told to get an attorney on the first page! Sounds like you STILL have not done so. Dumb.
Posted on 8/9/16 at 7:07 pm to bayouman
Why would her lawyer advise her to not pay previous checks from June until after I'm no longer employed? Her lawyer's office is right across the hall from our shared office, btw.
Posted on 8/9/16 at 7:21 pm to OweO
Sound like they are going under. Get an atty to seize their bank account Get your and get out ASAP good luck
Posted on 8/9/16 at 7:55 pm to JabarkusRussell
Jabarkus...did you answer the phone identifying yourself as a contractor, or did you identify yourself as her employee? Did you wear a separate uniform or wear a uniform that identified yourself as her business's name? Did you do substantially the same work as her actual coworkers did? Is there a chance you could compete for the same work she does with her business on your own as a legitimate separate business entity? Did she require you to sign a non compete?
Depending on how you answer, you aren't a contract employee of the employer. You're a misclassified worker. Millions of people are and don't realize it. Hundreds of thousands of employers in the US-and La-think its legal to pay people 1099 like that, especially in high turnover, seasonal or tradesmen like carpenters or construction workers.
But make no mistake, the employer is most likely getting over on you, and the state and federal government.
What is your email? I will put you in touch with some auditors which can review your payroll situation if it's 1099 and ensure that you're paid for hours worked and also that she paid you and classified you properly in order to pay your part of the payroll taxes hourly/salaried wage employees should not have to.
I'm sure a nice phone call from them would help ensure she never does this again, while also getting you paid, while also making sure she pays her tax dollars and doesn't skirt state and federal law.
Depending on how you answer, you aren't a contract employee of the employer. You're a misclassified worker. Millions of people are and don't realize it. Hundreds of thousands of employers in the US-and La-think its legal to pay people 1099 like that, especially in high turnover, seasonal or tradesmen like carpenters or construction workers.
But make no mistake, the employer is most likely getting over on you, and the state and federal government.
What is your email? I will put you in touch with some auditors which can review your payroll situation if it's 1099 and ensure that you're paid for hours worked and also that she paid you and classified you properly in order to pay your part of the payroll taxes hourly/salaried wage employees should not have to.
I'm sure a nice phone call from them would help ensure she never does this again, while also getting you paid, while also making sure she pays her tax dollars and doesn't skirt state and federal law.
This post was edited on 8/9/16 at 7:56 pm
Posted on 8/9/16 at 10:00 pm to GFunk
I take calls on my personal phone saying I'm ----- from (name of practice) and wear whatever I want with no name tags or company logo. I could easily do the billing she does but she won't allow me to. She did not have me sign anything forbidding me from taking my clients with me.
This post was edited on 8/9/16 at 10:02 pm
Posted on 8/9/16 at 10:08 pm to JabarkusRussell
So....your name is not really Jabarkus Russell? You have misrepresented yourself here...
Posted on 8/9/16 at 10:26 pm to TigernMS12
quote:
File suit in small claims court.
Do this. It'll be your most cost effective and timely route.
Posted on 8/9/16 at 11:14 pm to JabarkusRussell
quote:
I'm a contract employee
You are either a subcontractor or an employee. Can't be both. As a subcontractor, your issue is a civil matter and not subject to labor law.
Posted on 8/10/16 at 12:21 am to JabarkusRussell
quote:
Why would her lawyer advise her to not pay previous checks from June until after I'm no longer employed?
You are gullible. The lawyer may not have said anything. She probably said that to deflect the blame on the lawyer instead of telling you she has your money and won't pay you.
Therefore, unless you talk to her lawyer, she hopes you will not bring up the matter to her again. You now think the responsibility for this matter is out of her hands.
Did you not know that some people lie?
Put a lien on her assets to ensure you get paid!
P.S. No matter what she says, she is responsible for paying you. Not the lawyer.
This post was edited on 8/10/16 at 12:23 am
Posted on 8/10/16 at 2:10 am to JabarkusRussell
Sounds like "boss" is being unprofessional in not paying you in a timely manner
Posted on 8/10/16 at 2:23 am to JabarkusRussell
Told you this a page ago.
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