I had a job that lasted a short duration. The guy who fired me told me he would contact me to get my paycheck. I've called almost ten times and left messages with no response. It has been two weeks. What should I do at this point to get my money?
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abdada 7y ago
Stop calling. Send a certified demand letter.
Google: certified demand letter
This is a great time to learn how to do a certified demand letter and follow up with small claims court. Hell, I've sued local banks in small claims court and gotten settlements.
The downside is even if you win a judgment, you aren't guaranteed he will pay. But it can fuck him up in business if he has a public settlement against the company.
[deleted] 7y ago
It's actually a company, he is not the owner but he was the one who was assuming authority in their absence.
I will definitely do that, is there any way that you know of that would garantee I do get paid?
abdada 7y ago
There is no way to guarantee payment, ever. I won a judgment against a huge company once and they still haven't paid me -- I even tried to sell the judgment to a collection company and they told me the company is well known for spending money to avoid paying judgments, lol.
Send a certified demand letter by certified mail to the accountant at the company, attach your invoice. If they refuse to pay by your deadline, go to small claims court and ask how you can file a lawsuit. They are very helpful there and you don't need a lawyer.
[deleted] 7y ago
That sounds good though I will certainly do that. So at least I can get some satisfaction in damaging their reputation. I was planning on going to the company in person and demanding to be paid because like I said I need that money rn. What do you think of that?
abdada 7y ago
If you go in person they can have you arrested for trespassing.
Talking in person, talking on the phone, talking over text doesn't mean shit legally. You have NO PROOF.
Write a demand letter. Send it certified mail at USPS. Get the receipt. If they don't pay in time, you file in small claims court for the costs + damages/fees.
If they want to "negotiate" with you, tell them to put it in writing and send the negotiations via certified mail to your address, postmarked before the deadline. Do not talk on the phone other than say "I sent my demand by mail, I expect a check in the mail before the deadline. Do not call me about this anymore, just follow my demand letter."
[deleted] 7y ago
I was considering entering in the customer side and requesting to speak to someone about retreieving my paycheck. Would there ever be an instance where I could get more money than what they owe me? For wasting my time and court fees?
abdada 7y ago
Depending on your jurisdiction, some small claims courts may award court fees.
You will never recoup time lost in small claims court, though. For that you need to find the chancery division court and expect to spend years and tens of thousands of dollars with a huge risk of losing everything.
In all things, learn from them. Never go work for a company that isn't giving you more official work (making you sign forms, etc).
[deleted] 7y ago
At the time I was just taking a job to get a paycheck while looking for something to do with my major. But I knew this job was bullshit from the jump they did not give me an official title.
[deleted] 7y ago
This is only 300$ but I am currently in between jobs (start my new one next Monday) and it is also the principle of the matter that I cannot recover the time I spent at the job that I want to be compensated for.
[deleted] 7y ago
My ex gf was owed 3k after the company couldn't afford payroll. The employment commission or whatever told the employer they had to pay. They never did.
It would cost more in legal fees to sue even though she supposedly would get like triple due to them not following through.
Idk id say cut your losses.
abdada 7y ago
$300 is perfect to learn small claims court. I've sued people for less just because it's so much fucking fun to harass people legally.
A man who learns to manage small claims court is a man who can troll people endlessly.
I would totally do it if I was your age. Today I wouldn't argue over $300, but when I was young $300 was worth it. Plus if you do go to court you can "settle" with them out of court for $600 or more, lol.
[deleted] 7y ago
That does sound nice. I've just landed a job because I was completing bachelors degree and I graduate this semester.
I found a place to hire me prior to my graduation at 60k per year. I start on Monday. However I still want that 300. If it came down to it. I would be willing to spend the necessary money to harass them legally. I am just wondering, how much would this small claims court cost me?
abdada 7y ago
Small claims court fees vary based on jurisdiction and size of claim. Some jurisdictions award court fees in the judgment, others don't.
Find your local small claims court and read their website.
[deleted] 7y ago
Ok, will I need to look at the smalls courts claim by me or by them? I live relatively close but different neighborhoods. About 30 miles away in different towns.
abdada 7y ago
Contact both courts and see what jurisdiction is valid in your case. They will likely give you some basic assistance to finding the right jurisdiction.
You don't need to know shit to send a certified demand letter. Do that first, give them 30 days to pay by certified check.
[deleted] 7y ago
Ok I will. Appreciate this advice sir.
[deleted] 7y ago
Ok I will. Appreciate this advice sir.
[deleted] 7y ago
[deleted]
[deleted] 7y ago
Excellent love to hear a success story.
thefilthyhermit 7y ago
You might want to file a claim with the department of labor or whatever similar government organization is local to you. They love to go pit bull on employers who try to cheat an employee. You get your $300 and they get an even bigger fine.