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because
08-27-2008, 09:58 PM
I began working at a mortgage company that advertised on the radio and felt is was a good fit for me and the current market to get business on April 25th, 2008. I have been a loan officer for 6 years and know that it may take up to two months for the checks to start rolling in but also never have taken over four weeks to get submitted loans closed. This was a commisioned based position and is W2 not 1099. I began submitting files in the first week and even brought a couple of my own that did not come from their advertising. After two months of no pay I requested and recieved a draw of $1000. They called themselves brokers but I had to use the lender that the owner also owned that would take forever to even get approvals and customers went to other people to get there loans closed even after I did all the required work. I worked over 40 hours each week that I was there which was until August 8th. The reason that I stayed so long was because I did all the work and was already involved with files that I anticipated to close. The first loan closed and funded on July 25th and another on August 4th. I finally recieved a check on August 15th for $205.00. This was my comission for the loans that closed minus the $1000 draw. I got kicked out of my home, couldn't pay for insurance for my car and many other important routine bills and my credit went to shame. I barely ate for over 2 months but was still trying. When I finally recieve my check after quiting It was made out to my middle and last name on a friday and it took to the following monday (August 18th) to even get a correct one. Not only did this create a hardship but it also put me in the most desperate times that I have ever been in during my entire adult life ( I am 34 years old). I owe people money for bills, my power got shut off and I could go on. I filled a complaint with the labor board for minimun back pay for the hours that I worked. There was not a time clock but I was there working more then full time. I want to know if there is any other recourse available or if there is something the an attorny can do to help me. This job cost me more to work at then I made and I am even being charged for loans that they did not close. I could have taken them to another lender to get them close but they forced me to use the owners lender that kept loosing underwriters and slowing down the process even more even though they were signed with other lenders. I since have moved to another state with my parents because I had no other choice with no money. I am told that I will not even get paid for the loans that I worked so hard on when or if they close just because. Is this right? I think they created a terrible situatin and should have to pay. Is there a pain and suffering battle that I could fight for?

DAW
08-28-2008, 07:55 AM
The short answer is that you need to estimate your hours worked and file a wage claim with the CO or federal department of labor for MW and OT (if any). You might find the following of use.

http://www.dol.gov/opa/media/press/esa/esa20071474.htm

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