Back pay issue...

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  • churchmouse

    I still care....Really
    Emeritus
    Rating - 100%
    187   0   0
    Dec 7, 2011
    191,809
    152
    Speedway area
    This is why we pay our taxes to have these benefits. Dept. of labor exists to assist us so use it. You may or may not get paid but you knew they sucked when you quit them.
    I have 6 basic rules I work by and inform prospective employers of.
    #1...pay day is on the day stipulated for the amount agreed upon. There will be no deviation from this rule.
     

    MCgrease08

    Grandmaster
    Rating - 100%
    37   0   0
    Mar 14, 2013
    14,665
    149
    Earth
    I can't believe working 9 hrs as an EMT is only worth $100 to your former employer. I'd be fighting for it on principal too. Glad to hear you found a new gig. Hopefully it pays better.
     

    Boonl1776

    Sharpshooter
    Rating - 0%
    0   0   0
    Jan 24, 2013
    312
    16
    Indy
    DOL will most likely refer you to a list of private attorneys, any one of whom who will take the case without a retainer because the statute provides for triple damages plus attorneys fees.
     

    stephen87

    Grandmaster
    Rating - 100%
    22   0   0
    May 26, 2010
    6,660
    63
    The Seven Seas
    Asking for advice is whining? :dunno:

    Damn, Pinchaser.

    You need a lady in your life or something...

    Now I remember why he's on my block list.

    Seals? Rural Metro?

    None of the above. The previous company has been all over the news a couple of months ago. They even talked to about 3 people who were shorted wages and are fighting for the pay.

    This is why we pay our taxes to have these benefits. Dept. of labor exists to assist us so use it. You may or may not get paid but you knew they sucked when you quit them.
    I have 6 basic rules I work by and inform prospective employers of.
    #1...pay day is on the day stipulated for the amount agreed upon. There will be no deviation from this rule.

    Agreed. Afer he shorted me, I started looking for a new job.

    DOL will most likely refer you to a list of private attorneys, any one of whom who will take the case without a retainer because the statute provides for triple damages plus attorneys fees.
    Where would you find that info about the triple wages? I found the plus attorney fees part, but not the triple pay.

    I'm owed $3,000 back pay by my current employer... :n00b:

    Better jump on that ship.
     

    Boonl1776

    Sharpshooter
    Rating - 0%
    0   0   0
    Jan 24, 2013
    312
    16
    Indy
    My bad and apologies to stephen87. I was referring to the Evan Bayh/Frank O'Bannon era damage statute. Wage claims are no longer treble damages. They are wages + 10% per day (capped at 200%) + attorneys fees + court costs.
     
    Last edited:

    baddyna96

    Sharpshooter
    Rating - 100%
    4   0   0
    Jan 12, 2013
    683
    18
    Demotte, IN.
    D.O.L. wage and hour department. They will take your statement and contact the employer for their statement. Most times, this will scare the employer into retaining a lawyer. The cost of this just might compel them to settle.
     

    bluewraith

    Master
    Rating - 100%
    4   0   0
    Jun 4, 2011
    2,253
    48
    Akron
    I can't believe working 9 hrs as an EMT is only worth $100 to your former employer. I'd be fighting for it on principal too. Glad to hear you found a new gig. Hopefully it pays better.


    Pre-tax, that works out to $11/hr. That's actually a pretty good wage for EMTs. Pretty good as in thats higher then what they normally get paid. Not pretty good as far as the work that is required for that pay.

    One of the major reasons I never bothered getting EMT was the fact that its generally a minimum wage starting position.
     

    sepe

    Grandmaster
    Rating - 100%
    1   0   0
    Jun 15, 2010
    8,149
    48
    Accra, Ghana
    The deal that got me to leave other than being ill time and only being scheduled one day a week is the fact that he shorted other people their checks. He shorted one guy two straight months. The owner is the HR rep and the direct supervisor. Only 10 people work for the company. He was there today and I wanted to stop by, but I was on my ambulance so no dice.

    Everyone that has been shorted wages need to report it. To make a claim with the Indiana DOL, you don't even need to call or visit them. Simply go here and fill out the form, DOL: Online Wage Claim Form. If you've got proof, it will be very hard for him to dispute. If he has admitted in text messages that he knows you were shorted, you'll most likely get paid.
     

    Double T

    Grandmaster
    Rating - 100%
    15   0   1
    Aug 5, 2011
    5,955
    84
    Huntington
    Talk to them in person, record the interaction. If you aren't paid, turn it over to a lawyer and the labor board.

    IF this is a business that accepts medicaid, turn it over to the state attorney general as well due to possible embezzlement issues.

    I KNOW what ambulances get rated for runs, and they can definitely afford $100 bucks. Whether they can afford a full on investigation by Zoller et al is on them.

    I HATE medical companies that try to **** their workers and underpay them. Bill the highest allowed, pay the least.
     

    drrun

    Plinker
    Rating - 0%
    0   0   0
    Feb 13, 2013
    48
    6
    Columbus, Indiana
    H.R. Manager Here

    I am an H.R. Manager and I can tell you if I received a call from an ex-employee regarding short payment I would take care of it no questions asked. Honestly, from the employer prospective, such a small amount of money isn't worth any sort of fight/trouble. Call your old boss and inform him you are prepared to call the H.R. manager and the DOL in 2-3 days unless he contacts you to rectify the situation. If he doesn't call you back call the H.R. Manger. If I received this call I would first pay you whatever you were shorted then I would rip your boss’s ass. The last thing companies want to deal with are audits. They are extremely time consuming and costly (and that’s if you’re doing things right). Think about it for $100 I am risking compiling all of the payroll information for all my employees and dealing with an auditor for 8 hours! Next step is to actually make a call to the department. I go through audits fairly frequently with the DOL and they are extremely competent and courteous (unlike many other govt. departments). You will want to ask tell them you need to file a complaint on an ex-employer and they will probably direct you to the wage and hour division. (I have never filed a complaint but I would imagine these would be the steps)

    I am new to the site so I'm not sure I can receive private messages or not, however, send me one and I can answer any additional questions you may have. H.R. laws are constantly changing but the thing that doesn't change is the DOL's stance on "fair and equal pay". They will put a company through the ringer for shortchanging employees.
     

    Skywired

    Master
    Rating - 100%
    25   0   0
    Aug 14, 2010
    1,948
    48
    Cicero
    I am an H.R. Manager and I can tell you if I received a call from an ex-employee regarding short payment I would take care of it no questions asked. Honestly, from the employer prospective, such a small amount of money isn't worth any sort of fight/trouble. Call your old boss and inform him you are prepared to call the H.R. manager and the DOL in 2-3 days unless he contacts you to rectify the situation. If he doesn't call you back call the H.R. Manger. If I received this call I would first pay you whatever you were shorted then I would rip your boss’s ass. The last thing companies want to deal with are audits. They are extremely time consuming and costly (and that’s if you’re doing things right). Think about it for $100 I am risking compiling all of the payroll information for all my employees and dealing with an auditor for 8 hours! Next step is to actually make a call to the department. I go through audits fairly frequently with the DOL and they are extremely competent and courteous (unlike many other govt. departments). You will want to ask tell them you need to file a complaint on an ex-employer and they will probably direct you to the wage and hour division. (I have never filed a complaint but I would imagine these would be the steps)

    I am new to the site so I'm not sure I can receive private messages or not, however, send me one and I can answer any additional questions you may have. H.R. laws are constantly changing but the thing that doesn't change is the DOL's stance on "fair and equal pay". They will put a company through the ringer for shortchanging employees.

    ^^^^^^^^AMEN TO THIS^^^^^^

    In Indiana, the DOL, in this type of situation, is the equivalent of hiring your own personal Johnny Cochran (RIP) AND.... no charge to you.:rockwoot:
     

    drrun

    Plinker
    Rating - 0%
    0   0   0
    Feb 13, 2013
    48
    6
    Columbus, Indiana
    Well, just tried to call him and he has my number set to ignore. Guess I'll be paying him a visit.


    After reading back through the comments, it seems the business is much smaller than I originally thought. Small businesses deal less with the DOL than companies with more than 50 employees. He may not be aware of the nightmare that awaits him should the DOL become involved so he chooses to ignore you. In my opinion, you would not only be doing a service to yourself but also to your old co-workers should you choose to invest the time to pursue your case. The DOL doesn't have the time or resources to audit all companies so they primarily focus on bigger fish. As a result, small business owners don't fully understand the ramifications of noncompliance. I feel bad for your because it's hard to invest a lot of time over $100, but you would be doing your old co-workers and your new employer (who probably plays by the rules) a service.
     

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