E.C. Won't Pay

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Larry O'

Member
I have a situation that needs advice.
I worked as an employee for an Electrical Contractor from December 2008 to February 2009. I've worked on several jobsites for the company.
The pay period began February 9,2009 and ended on Feb 21, 2009. Payday was schedualed for Feb 27, 2009. On Payday the contractor sent out a MASS-TEXT message to myself and 2 other employees (that I know of) saying that he had to go out of town for a family emergency and that everyone would be paid on March 2, 2009. Since 2-27-2009 I have asked him many times to pay me, by text or phone calls. (He does not return calls and does not answer his phone.) If he responds to text messages, he tells me that he has no work, no money, or that he is desperatly trying to get me paid but doesn't know when.
Now it's April 27, 2009 and he still hasn't paid me nor another employee. Does anyone have any input on what I might do? I have been putting off reporting him to the State because I gave him the benefit of the doubt. But now this is getting very old, very quick.
Every advice would be welcome.
 
Fulthrotl

Fulthrotl

~Autocorrect is My Worst Enema.~
Location
HB, CA (19 Hrs. 22 Min. from Winged Horses)
Occupation
E
Larry O' said:
I have a situation that needs advice.
I worked as an employee for an Electrical Contractor from December 2008 to February 2009. I've worked on several jobsites for the company.
The pay period began February 9,2009 and ended on Feb 21, 2009. Payday was schedualed for Feb 27, 2009. On Payday the contractor sent out a MASS-TEXT message to myself and 2 other employees (that I know of) saying that he had to go out of town for a family emergency and that everyone would be paid on March 2, 2009. Since 2-27-2009 I have asked him many times to pay me, by text or phone calls. (He does not return calls and does not answer his phone.) If he responds to text messages, he tells me that he has no work, no money, or that he is desperatly trying to get me paid but doesn't know when.
Now it's April 27, 2009 and he still hasn't paid me nor another employee. Does anyone have any input on what I might do? I have been putting off reporting him to the State because I gave him the benefit of the doubt. But now this is getting very old, very quick.
Every advice would be welcome.
Click to expand...

you don't say where you live and work, but mechanic's lein's are a powerful
solution. you can lein (in calif. anyway) ANY job you worked on, even for an
hour. it costs $1.

then it becomes the responsibilty of the building owner to make good, if they
want a building final and certificate of occupancy.

you need to get lien's filed immediately if you want to protect your rights.
you should also check your states labor board.

the contractor probably also has some bonding somewhere that might be attached.

all of these things vary from state to state, and you didn't post whre you are at.

good luck...
 
Rick Christopherson

Rick Christopherson

Senior Member
Fulthrotl said:
you don't say where you live and work, but mechanic's lein's are a powerful solution. you can lein (in calif. anyway) ANY job you worked on, even for an hour. it costs $1.
Click to expand...
I don't believe an employee can file a mechanic's lien for work performed by a "company". The legal relationship between employee/employer is different than contractor/subcontractor. If an employee could file a lien, then lien wavers would be required from every employee of every subcontractor for every job, and this just doesn't happen.
 
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charlietuna

Senior Member
There is always small claims court--of course he must have something worth the wages he owes you. You could team up with the other employee to file in thta court. you must have some method to prove he owes you the money--cell phone recordings--papers-anything--then sue him for wages,interest and court costs..
 
mivey

mivey

Senior Member
I worked for a guy once who would bounce our paychecks. He was a nice guy, but was terrible at managing his business. I learned to cash my paychecks at his bank and just worked around his other faults.

I found out later he was neglecting to pay Uncle Sam. I saw the handwriting on the wall and left. He found out Uncle Sam doesn't work around anybody's faults.
 
e57

e57

Senior Member
Location
San Francisco, CA
In CA there are a few other tricks to getting paid as an employee - but the best is a Complaint Form to the CSLB, and DIR. MANY YEARS ago I had some dope pull one on me for my last pay-check, and he pulled the 'No answer/return call' crap on me..... I sent him the law on his fax with the filled out complaint form and a voice mail describing it. ($10K fine and $500 per day to me - revocation of License etc.)

Seriously, I could envision him ripping his whole office apart - coming to his senses - contiplating, and returning my call ON CUE! Down to the very moment where he called to say a certified rush delivery of my check was on the way......
 
Fulthrotl

Fulthrotl

~Autocorrect is My Worst Enema.~
Location
HB, CA (19 Hrs. 22 Min. from Winged Horses)
Occupation
E
Rick Christopherson said:
I don't believe an employee can file a mechanic's lien for work performed by a "company". The legal relationship between employee/employer is different than contractor/subcontractor. If an employee could file a lien, then lien wavers would be required from every employee of every subcontractor for every job, and this just doesn't happen.
Click to expand...

i've done it, and i've had it done on my behalf in california.

i have also worked on jobs where they had every single person performing
labor on the job sign a conditional lien release. it' is pretty uncommon, i'll agree.

as an apprentice, i had 4 months back benefits that weren't paid. i was doing
housing at the time, and the local hall liened over 100 houses in a tract i trimmed
out. i worked on that tract for about 2 days, scattering plugs, switches, lights, etc.
i was a brand new muppet. it was my first employer.

the developer (warmington) had a cashiers check delivered to the hall in about
3 hours, for whatever amount the hall asked for. i heard the only question
they asked the buisness rep was who the contractor was, and how much
they wanted the check made out for. with 100 house titles being clouded,
they made it right that day.

as for the OP, if you have questions regarding your rights as an employee,
and want answers you can take to the bank instead of my opinion, PM me,
and i'll pose the question to my wife. she is director of compensation for a
firm that operates in about 45 states, and gets paid well to know the correct
answer.

information having a bearing on your rights includes:

employee or subcontractor status
exempt or non exempt status
state of residence
state where work was done
state indentured apprentice or not
was a check issued and bounced, or not issued at all
 
growler

growler

Senior Member
Location
Atlanta,GA
This comment is not really on topic but I would like to point out this is what happens when contractors take work for less than cost just to get some sort of cash flow for a short time.

You see posts all the time where some contractor has bid a job for less than cost and everyone is wondering , "how do he do it". This is how they do it, they go broke and can't even pay the crew.
 
bbaumer

bbaumer

Senior Member
Location
Indiana
mivey said:
I worked for a guy once who would bounce our paychecks. He was a nice guy, but was terrible at managing his business. I learned to cash my paychecks at his bank and just worked around his other faults.

I found out later he was neglecting to pay Uncle Sam. I saw the handwriting on the wall and left. He found out Uncle Sam doesn't work around anybody's faults.
Click to expand...

I think I know this guy...........might even be related to him by marriage :( :mad:
 
K

Kdog76

Senior Member
Location
The Dairyland State
Rick Christopherson said:
I don't believe an employee can file a mechanic's lien for work performed by a "company". The legal relationship between employee/employer is different than contractor/subcontractor. If an employee could file a lien, then lien wavers would be required from every employee of every subcontractor for every job, and this just doesn't happen.
Click to expand...

I agree. Most states will have separate liens for prime vs. sub contractors. I've never heard of an employee being able to file a lien. Don't think you can. I would talk/text him one more time, give him 2 days to pay in full or you WILL report him to the state. I guarantee he won't want that. He'll find the money to pay you.
 
J

Jesse7623

Senior Member
Location
eastern Mass
Rick Christopherson said:
I don't believe an employee can file a mechanic's lien for work performed by a "company". The legal relationship between employee/employer is different than contractor/subcontractor. If an employee could file a lien, then lien wavers would be required from every employee of every subcontractor for every job, and this just doesn't happen.
Click to expand...

To the best of my understanding this is correct.Contractors and Subcontractors have lien rights.
 
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