How can I get my back paychecks?
- Thread starter JCEXPRSS
- Start date
raceman
Veteran Expediter
You may have to share a bit more info to get any help. If this is an owner there are a few appraoches, if it is a big company there will be a different approach. This is never a real easy thing and the situation will make all the difference in the world. Without getting your self in trouble or letting the cat out of the bag, share as much as you can about the situation which led up to this.
raceman
raceman
Do you have documentation of the salary owed to you? If it is in writing you may want to call a city prosecutor. Otherwise if the company/person owing you this money does not respond to your written attempts to resolve this matter, it's time to get an Attorney. If you loose your battle, with proper documentation you may be able to file a financial loss against this person for reducing your tax burden. I'm not sure how you could be that far behind in your settlements. That is a lot of money. You obviously worked very hard for that revenue and you should do everything you can legally. Don't harass this person or in anyway threaten them. It won't help your case and it's illegal. Be careful and talk to your Accountant and Attorney for this advice. Good luck.
ok guys, heres my situation. I work for a "mom and pop" freight forwarder here in Pittsburgh. Now payday is supposed to be every friday. But once friday comes either you dont get paid, or they only give you what they feel like paying you. For example, if i made $1500.00 for the week, Ill go to get paid and they will say "well we cant give you that much, so heres 300.00 to get you by, till we get caught up on your pay. But they NEVER get around to getting you caught up. But there are SOME drivers who always get their pay. Like I said, its to the point where they owe me approx. $5000.00. There is another driver whom they owe approx $30,000. YES $30,000!!!!! We have had everyexcuse in the book told to us,as to why we cant get paid. and these people are living like royalty. at the present time they are building a brand new lake-front home. I have kept EXACT records of ALL the deliveries I have made, for which they owe all this money to me for. Dates, times, places, mileage. Fellas, what can I do? If you need more info, Ill be glad to give it to ya. Thank you very much, fellas.
I would consult an attorney to see if you can place a lien on their property for the amount owed. If your state allows it and you place it on this lakefront villa they are building it might just cause further construction to be halted until the lien is cleared. Good luck to you.
Leo
truck 767
Support the entire Constitution, not just the parts you like.
Leo
truck 767
Support the entire Constitution, not just the parts you like.
raceman
Veteran Expediter
This seems to be all good advice. I would go directly to my lawyer and let them start this. You will never beat Mom and Pop with phone calls or letters. I have learned from past experience it is best to let the Lawyer begin with a letter and if that does not work they will procede as required. The problem in your talking and writting on your own is that you most likely do not know all the laws that may govern a situation like this and things you say or write can later bite you. It would be nice if you could do this on your own but in todays world it seems to always bite back. You will end up spending a portion of what they owe you to pay the Lawyer but it most likely will save you and get some if not all of the money you are due. That is sad but it is true to the best of my knowledge. If you can provide as much information to your lawyer upfront that will keep your legal fees down. If you have to keep going back and forth to provide them proof of what you are owed it just runs up the bill. Best of luck.
raceman
raceman
Broompilot
Veteran Expediter
As a former Employer, you need to run to the Employment Security Office closest to you. North Carolina is a very employer friendly state most are not. But they FROWN Big time on this, it is called Fraud and the consequences are serious.
No need to call your attorney the state is already on your side tust me on this. No I never had this problem but I had part time employees that I refered to them that were in your shoes. It worked every single time and cost them nothing but a meeting with documenation to prove their side. Let us know how it turns out.
No need to call your attorney the state is already on your side tust me on this. No I never had this problem but I had part time employees that I refered to them that were in your shoes. It worked every single time and cost them nothing but a meeting with documenation to prove their side. Let us know how it turns out.
Broompilot
Veteran Expediter
No Doubt in my mind you have a shut case, Log books are a legal Document, now take them to your Dept: of Labor along with all ofour last pay stub or direct deposite, and any agreement in writing to them. Also should you not have a written agreement write down everything you can regarding pay and try to back it up all the way to day one. The documentation the better the case you have for the State to Prosicute.
This may also get refered to the Feds since you may hase crossed State Lines in your employment. Under no circumstances is an employer to with hold any money from an employee unless directed in writing between the parties or unless the goverment agency demands it such as child support or unpaid taxes. It is not the employees fault that they are poor business people.
In the future please do not work a day without pay it is unfair not only to you but your family, this is an intrest free loan you are giving them. I hope for your sake that they have assests that you can attatch a lien to or else your not going to get paid, if they do you will eventualy get your money.
In both cases with my employees, once the State got involved they both recieved all of the back pay plus intrest. But the State law fined the employeer four times the amount of the pay plus they get a complimentary audit from both the IRS and the State everyear. Once you are cought doing things like this it is an open invitation for an annual audit.
Once again good luck and please let us know how it turns out.
This may also get refered to the Feds since you may hase crossed State Lines in your employment. Under no circumstances is an employer to with hold any money from an employee unless directed in writing between the parties or unless the goverment agency demands it such as child support or unpaid taxes. It is not the employees fault that they are poor business people.
In the future please do not work a day without pay it is unfair not only to you but your family, this is an intrest free loan you are giving them. I hope for your sake that they have assests that you can attatch a lien to or else your not going to get paid, if they do you will eventualy get your money.
In both cases with my employees, once the State got involved they both recieved all of the back pay plus intrest. But the State law fined the employeer four times the amount of the pay plus they get a complimentary audit from both the IRS and the State everyear. Once you are cought doing things like this it is an open invitation for an annual audit.
Once again good luck and please let us know how it turns out.
Tennesseahawk
Veteran Expediter
As soon as that first check "to get by" came my way, I would've been at least suspicious. I was in the same boat as you are, but owed about 1500 or so. In his case, I had nothing to put a lien on, thus found it cheaper to move on. In your case, everything told to you so far is good info. Try to get a lien on their property... TRUCKS more than their home would probably wake them up sooner. If they have an injunction against them using their equipment, no more money, therefore no more building on their house.
I have empathy for your situation, but your friend who is 30,000 in the hole to them is just plain outta luck. He waited far too long, and now they have him by the oysters. They are making you two work out of fear, and labor boards do not like that at all... neither do state attorneys general (hint hint).
How much longer do they have to finish their house? I'm thinking a lawyer may tell you it's more beneficial to wait till it's done, if you can. Either way, talk to a lawyer ASAP!
I have empathy for your situation, but your friend who is 30,000 in the hole to them is just plain outta luck. He waited far too long, and now they have him by the oysters. They are making you two work out of fear, and labor boards do not like that at all... neither do state attorneys general (hint hint).
How much longer do they have to finish their house? I'm thinking a lawyer may tell you it's more beneficial to wait till it's done, if you can. Either way, talk to a lawyer ASAP!
raceman
Veteran Expediter
The pilot and the Hawk are right on here. Be sure you take as part of your documentation, not only logbooks but the loads that you carried. BOLs or something that shows proof of carry or work. The logbook shows you did drive and should show BOL numbers that will match the paperwork that actually produced money for them that they are now keeping from you. The Att. General is a great place to go but I went to them once and the considered the problem to be business to business as opposed to consumer related and they would not help. I sure would run it by them though. Good Luck
raceman
raceman
There are numerous issues that could effect the out come. I would call OOIDA or your attorney. OOIDA can be found at www.ooida.com
They would be able to answer your basic legal questions.
Hope that helps
Davekc
They would be able to answer your basic legal questions.
Hope that helps
Davekc
Broompilot
Veteran Expediter
Yes as I stated last week, go to the ESC in your state, let me start by saying legally they are to pay you minium wage, so where are the witholdings that will be the first question ESC will ask. Now you figure out what the law is for not filling your own personal income taxes, now if you are dealing with someone elses $ trusted with the care that the taxes get paid. Your up one big hill. I told you before the State is already on your side, and once the ball gets rolling the IRS is next to get notified, you get your $ than they get the audits and there is no telling how far it will go from there all depends on how shady they are, and IRS will be the determining factor on that. ALWAYS pay your taxes ON TIME and you will never have to loose any sleep over the above.
I am not a tax professional, but have gotten notices and know of others Personally who thought they were smarter than the system. When it comes to payrolls, and taxes there is no out smarting the IRS you are going to get BUSTED every single time. You probably have better chance of robbing a police station then screwing around with withholdings. When I had my business I paid a payroll service, not because I could not do it, but when one of those dreaded notices came in the mail from the IRS, I just mailed it to the payroll company and they took care of it, or sent me the correct bill to pay. Never did I ever pay a penatly just what was owed, did it myself I could never talk my way out of the penalty. So the service actually pays for itself.
I am not a tax professional, but have gotten notices and know of others Personally who thought they were smarter than the system. When it comes to payrolls, and taxes there is no out smarting the IRS you are going to get BUSTED every single time. You probably have better chance of robbing a police station then screwing around with withholdings. When I had my business I paid a payroll service, not because I could not do it, but when one of those dreaded notices came in the mail from the IRS, I just mailed it to the payroll company and they took care of it, or sent me the correct bill to pay. Never did I ever pay a penatly just what was owed, did it myself I could never talk my way out of the penalty. So the service actually pays for itself.