Last month, I left a job that I had been at for 5 years after receiving a very promising offer from a brand new company(as in just starting up).
During my interview, the owner asked me how much I had been making at my previous job (salary). After I told him, he asked me if I was living comfortably on that salary, or just scraping by. Of course, I said that I was just scraping by, which was the truth. He asked me what my goals are and I told him that I just want to be able to provide for my family(my wife and year and a half old daughter) the best that I could. The owner told me that he would pay me more than my last job did and that he would have a contract drawn up.
Three weeks later...I got the business up and running and have been praised by the owner for doing such a great job. I still have not seen a contract at this point and remind him that although I'm enjoying my work experience, I need to get paid. We have a meeting with the owner's accountant and negotiate a salary, however, still no contract. The owner writes me my first check on August 18th for $XXXX.00. When I go to cash my check at his bank, I'm told that there's not enough money in the account to cash it.
I tell the owner and he says he just needs to transfer funds from one account to another. Every day for several days, he keeps promising me that he will get me cash for it. Finally, almost a week goes by and I trade him my uncashed check for cash.
Two weeks after that...I receive my next paycheck only this time it's only for$XXX.00. I ask him what the heck is going on here? I said what happened to the amount that we agreed on and he tells me that that wasn't the deal
and that he can't afford to pay me that kind of money and that my first check was an advance. I've never been screwed over by an employer before so I never thought I would need to make a copy of my paycheck as proof.
The memo on the check did say "wages" not "advance". I'm now 500 dollars short on my rent, not to mention my other bills.
Can someone please help me? Obviously, I can't afford a lawyer at this time and don't want, or deserve to be homeless, especially after working 12 to 15 hour days.
Thank You!
:eek:

Your boss did a disservice to you by not putting your offer in writing. This will be hard to fight since you have no solid proof as to what you salary should be.

Are you paid as an employee (W-2) or independent contractor (1099)? The answer to this question will make a difference in the answers that we provide to you. From your description of facts, it sounds as if no statutory or other deductions are being made from your pay. This often indicates that you are paid as an independent contractor.

http://www.laborcommissioner.com/faqs.htm

Yes, I did receive and complete the aforementioned w-2 and other tax forms.

Why you would start working without a contract in place or even a firm offer I don't know but that is beside the point now. If you are being paid at least MW and overtime if applicable, it's legal absent a contract that states otherwise. Since you never had one, it would be an uphill battle to even claim detrimental reliance. You knew you would have a contract at some point but never got around to negotiating it so there was no promise.

If you haven't received at least minimum wage and overtime if you are non-exempt, then you can file a claim with the DOL. It isn't clear if you are being paid by the hour or if you are exempt. It is your duties that would determine whether you even qualify for overtime.