E.C. Won't Pay

[mivey]

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.

This guy tried to support too many non-profitable ventures with the money-making venture. Also tried to run too much with the big dogs while only having small dog funds.

I think I know this guy...........might even be related to him by marriage

He probably has many clones running around. I wish engagement came with a manual with a special section detailing the ones nobody talks about. After marriage, you find out many surprises: "oh yeah, everybody knows that".:roll:

 

[wawireguy]

Call the state.. It's your money.. In WA they will just about string you up if you don't pay your employees.

 

[jrannis]

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.

What state did you do the work in? Was it private or government work?

 

[frankgi]

Call the state.. It's your money.. In WA they will just about string you up if you don't pay your employees.

Absolutley true! Report his butt to your wage and hour department in your state. There is NO excuse for this! I dont care how bad it gets...he has to pay his employees! If he cant pay, he should square up with you, then lay you off for SUI.
Terrible..

 

[Larry O']

JRANNIS: What state did you do the work in? Was it private or government work? --- It was private work.

Here's the latest update: I spoke with a different contractor friend and he referred me to a debt collection person that he uses for collecting debts. I have sent 2 additional text messages to my old boss and he has not responded to either. I have been very nice for the past 2 months and patiently waiting while he gives me the run around. (I even heard a rumor that he took a vacation to Hawaii in March 2009. But this is just a rumor that I have no proof of.) So tonight I will give the debt collector all the information and hope something works.
So here's my question, I'm interrested in reporting him to the State of Utah, after they go after him and they tear his company apart (unlicensed apprentices, Masters license expired since November and etc,,,) I'm concerned that he will come after me with a gun and want to kill me. Does that usually happen? I don't hate the guy, I just would like to get paid so that I can have nothing more to do with him.

Again thankyou for the responses I really appreciate the information.

 

[DAWGS]

Your entitled to your money, dont think twice or feel bad about about the reprimand your old boss may get. I am a owner, I would never not pay my men, i would go without pay for myself first. Also I would not use the dept collection agency unless it is a last resort, they will take at least 30% of the money. You may need to get with the other workers and see if they have been paid and get some representation from a lawyer, depending on how much he owes you, or take him to small claims court. Whatever you do do it quick. Dont let him know what your doing, it may give him time to skip town or file chapter 7.

 

[growler]

I'm concerned that he will come after me with a gun and want to kill me. Does that usually happen?

Less than 50% of the time so the odds really are in your favor.


Just report the guy to the labor department and keep this on a professional rather than personal level. Don't get into arguments with the guy or meet him anywhere.

 

[electricguy61]

Late the state be your debt collector, and it won't cost you anymore (then it already has).

 

[Rick Christopherson]

Before you pay fees to a collection agency, contact the Department of Economic Security. In most (or all) states, the laws are extremely stiff and intended to protect employees. I can't remember the laws or penalties, but I do know that you do not want to mess with the pay of an employee.

Besides, a collection agency is only as useful as the fear they can impose. Without that, they can't do anything.

My guess is that if the state gets involved, they would seize his bank accounts until the payment is complete.

 

[zbang]

Late the state be your debt collector, and it won't cost you anymore (then it already has).

Well, they're part judge and part collector. OTOH, the state doesn't take a fee (other than the usual payroll taxes) for the service. I wouldn't use a private collector on this. Let the state work their magic.

The only time I've come close to this was when we were all called into a meeting to be told that -this- paycheck was good, but there wouldn't be any more of them.

 

[charlietuna]

I agree with others-- don't spend money on collection agencies or attorneys-thats why we have government agencies--either the State or local County Small claims Court will do the job and if you get his other unpayed employees together go as a group--that will make it simple and swift! And consider what he has, that you might take in trade for wages, in case he states he doesn't have the money, major tools, company truck, office computers, boat, hunting rifles, etc.. I had one guy in small claims court state he didn't have the cash to pay me -- the judge asked me how we could work something out? I told the judge i would take the office computers and a power conditioner this guy left behind. He owed me $2300.00. He had no other choice than to agree ! I ended up with six brand new desk computers and a AT&T power conditioner i sold for $4200.00 ! You can make out pretty good!