What should I do? I want to be paid!

[homecatmom]

I took a little part-time job at a new market we have here in California. I am an independent contractor that services their magazines twice a week. I restock them and remove the covers and mail them back to the publisher when they are out dated. I have worked for them since Nov. 1st. I have not missed a day or deadline. Neither have I received a paycheck for my time! I have called the parent company repeatedly and told that "these things take time, especially for a new hire employee". My patience is thin and yesterday I sent a scathing email to all partys involved telling them that I will no longer show up to work without first getting a paycheck. Am I over-reacting? It's about 4 hours a week, but shoot it's been 7 weeks!! I would think that there is something illegal in this...

 

[arlee453]

You deserve to be paid and in a reasonbly timely fashion, unless they notified you in advance of some other arrangement (like quarterly pay, etc)

Keep careful records of all your time spent. If they don't come thorugh with pay for you, you have a very good small claims case that you can file yourself and win to get your money. You can sue for the actual back pay, plus your expenses relating to the suit, like court costs, etc.

Anyway, hope it doesn't come to that! It is illegal NOT to pay someone for work contracted to be done.

 

[chickbea]

Maybe you should put in a call to your state's Department of Labor and run the situation by them. That's too long for a new hiree to wait for pay.

 

[TransplantedTexan]

Maybe you should show up there and confiscate there old magazines, and not put out any new ones.
That is assuming you are the one who supplied them.

 

[Blisschick]

I am sure that there must be some labor law in your state requiring employers to pay their employees in a timely fashion. I would look into it and see what you can find out.

 

[herechickchick]

Yes what they have done is against the law. You should have been put on payroll as soon as you were hired (and it does not take more than 5 minutes to do this as I assume they use a payroll company to handle it) and then you should be paid the following pay period. Did you fill out a W-4 form? If so there is no excuse. If they do not call or pay you contact an attorney. I bet they pay you then, it is a lot cheaper then fighting you in court.

 

[OHChick]

Chickbea is exactly right. Turn them in.

Better yet, call the company, TELL THEM you're going to call the dept of labor and then see if they don't get off their behinds.

Good Luck to you!

 

[Rosalind]

Wait a sec...You're an independent contractor and an employee? How does that work exactly? Either you're an independent contractor, and the contract they signed should say in it the terms of how you will be paid, or you're their employee and HR should have informed you of exactly how their regular payroll run works.

When I was an independent contractor, I had to sign a contract that detailed what I was paid (% commission, wages, etc.) and how often. If they haven't done this, they sound a bit shady.

 

[TxChiknRanchers]

WAS there a payment agreement before you started? If so, what was it?

Now if there was, and they did not adhere to the agreement then you have recourse for sure. I would report them.

One thing you need to understand is that if you make a complaint you probably need to get a new job. They will find "a reason" to terminate your job!

It may only be a clerical error, and i know it is a bad situation for you but try to do everything possible before you raise a stink.

Frankly speaking if they have not paid you by now you probably need to seek other employment unless there has been a mistake and you recieve payment soon. I would already have been a memory there. Sounds smelly to me!

Oh and dont do any thing that will put you on the defensive as far as the law is concerned!
randy

 

[Lunachick]

I know how you feel about not getting paid. It's not a good feeling being ignored. I hope you get your money. Let us know the outcome!