My previous employer owes me money. My job was hell, and I ran for my life. (Some context for the interested). While I worked for them, I was required to pay for certain company expenses on my credit card, ranging from postage to airplane tickets. It comes to about $1400 that they are due to reimburse me.
I have called numerous times. My old boss is in charge of finance (and HR), which is a problem. My calls are not being picked up unless I call from an unknown number. When I call from home, or cell, or current office, it is not picked up. I guess she sees it on caller ID. My voicemail, obviously, is never returned. I called today from my current boss’s cell phone just to get her on the line. This time she told me that she didn’t have reciepts (apparently they’ve dissapeared since the last time we spoke). I told her I’ll send them by certified mail.
Anyone else in the company (like the VP’s or other admins) who ask her about this matter are angrily told it’s not their business. Calls to her bosses are not returned.
I’d imagine this is my punishment, and they have no intention of paying. Since leaving the company, I found out that the last two people who left before me were refused expense reimbursment and commissions due them. One man is owed over $50,000. Both are in the process of suing the company.
I’ve called. I’ve written. I’ve faxed. The next step is lawyers. I know this.
The thing is, I’m happy now. New job I love, great new house, hell, I even have enough time to have a boyfriend. I’m tired of stressing about this and dealing with this horrible woman who tormented me for so long. It’s been 5 months.
Do I sue? Or do write it off on my taxes and never look back?
Fight it. That is what small claims court is there for. Sueing for such a (relatively) small amount is not cost effective. I listen to a legal advice radio show and this very problem comes up all the time. The host’s (a lawyer) answer is always small claims court.
$1,400? Maybe growing up poor is coloring my judgement here a bit but I’d sue. That’s a month’s pay for me and I’d be damned if some vindictive little bitch would rob me of that much money.
I’d follow Reeder’s advice and talk to a lawyer. In some states, the employer has a very specific timeframe within which all moneys (salaries, etc.) must be paid. If they don’t pay what they owe, the employer may also be liable for statutory damages. Not to mention interest on the amount they owe you, calculated from the time they should have first paid you, while you were employed with them.
So you’d spend a little money, but 1) your chances of getting your money probably go up; and 2) you may get more money than you started with.
I’d second this notion. But be prepared to go all the way. As to the main point - YES, fight and get what you deserve. Also, this may convince them to forego this garbage with the next person.
I actually have a family friend lawyer whom I’m going to ask to write me a letter.
I had not considered small claims court, because I thoought the threshold was much lower. Though the idea of going alone into court and facing someone from that company (God forbid, her) makes me nauseous. Every once in a while, I have still have nightmares where I have to work there again.
I was going to rant in the pit about this, but I’m more tired of it than angry.
If they don’t show up in court, do I automatically win? (Like traffic court)
Fight! Really - $1,400 is $1,400 - you could probably get something pretty decent for $1,400 - an all inclusive trip to Mexico. A big screen TV. A new confuter. A fabulous handbag and matching shoes. A boost on your retirement income. Really - fight baby, fight.
As to this, now, IANAL, but I would imagine that, unlike traffic court, if they don’t show up they will be held in contempt, which I’m assuming they would want to avoid. I dunno this for sure, tho.
I vote with everybody else and say fight. But when you talk to the lawyer, you should ask whether your employer might possibly have some *criminal * liability? If, in effect, they are charging business expenses to your personal credit card, when does that become fraud? And are they claiming tax deductions for money that they owe you, even if they haven’t paid you? And you don’t say what kind of business this is, but chances are that the company has customers and suppliers. Are there any shady practices involving things like pricing and billing? It’s entirely possible that a company that treats its employees this badly doesn’t maintain very high standards in any of its transactions, and the company might be vulnerable to someone who takes a close look.
I obviously can’t go in to details, but I know for a fact that this is true. Getting into that frightens me, though. Like I said, I’ve lost most of my anger, and I don’t want to take even the smallest risk I will get in trouble some how.
Fight them. My girlfriend and I worked for a place that owed us over $700 combined when we left. We never saw and never fought for it, and I still regret it. That $700 could have helped us over a few rough patches when she was sick, or when I was job hunting. It could have paid for a couple of classes for me next year.
Point is, that money is yours and you never know when you’ll need it.