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ddrury
12-20-2006, 04:33 PM
I was terminated from employement by the owner of the company on October 2nd 2006. The actual reason of why I was let go and the reason that was given me are two different things. I do know that my employer was supposed to pay me all my commission due to me on the next scheduled pay day which never happened.

He says he didnt have it right then and there to pay me but promises to pay. However he didnt want to setup a payment plan or put anything in writing. Fast Forward. 2 and half months later, after having my lawyer send payment demands and phone calls, I filed a claim with the Dept of Labor in Rhode Island. They sent out the usual letter that gave him 2 weeks to respond. He called the DOL saying that he was going to contest the amount of money he owed me and will be following up with documentation. Being that this claim is right before christmas, I got wind that the owner, is taking a 3 month vacation.

So by the time the paperwork gets to the dept of labor it could be march which is 6 months after I was let go.

My question is there anything I can do legally to speed this up? Told the Dept of Labor I was willing to settle for a lesser amount. This guy is now holding on to a considerable amount. Over 5k

ScottB
12-20-2006, 04:37 PM
You have a lawyer and the DOL working for you.

I can't give you more advice than what they could and I doubt anyone else here could, either.

ddrury
05-12-2008, 01:27 PM
The RI DOL, had a prehearing in May of 2007, and then the actual hearing in October of 2007. Then came a judgement on October 15th of 2007 in my favor for the amount over $5k.

The former employer had 30 days to pay, and didnt. Then the DOL gave the former employer a 2nd chance and came up with a payment plan of $300 per month. (no interest) I got a total of $1500 which ended in March of 2008.

Then in April of 2008. The company just stopped paying. So the DOL sends a final notice. Pay all that is due, within 10 days or the case will be handed over to the Attorney General's office for criminal procescution.

With the way the current system is going, I am wondering if a laywer would take my case for a civil suit against my former employer, that could also ask for punitive damages because of the malice and disrespect of the law.

Currently in RI, the case files are piling up and taking 2-3 years to complete.

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