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Worked for Famous Designer, never paid me, New York

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  • Worked for Famous Designer, never paid me, New York

    I worked for Designer two years ago, for two days for a total of 10 hours, Agreed to paid me cash, but never did after contacting her assistant. What are my rights? Anybody would help? Am in NYC. Thank you!!!

  • #2
    You can sue the individual in small claims court. If this was a job where you completed tax forms, etc., and weren't paid, you could file a claim with the wage and hour division of the state labor department, but it sounds like this was an off-the-books arrangement.
    I am not able to respond to private messages. Thanks!

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    • #3
      Generally -

      If your employer owes you wages, and you have asked her/him to pay you, you can file a claim with the New York State Department of Labor. The wage claim form is available at http://www.labor.state.ny.us/formsdo...#Claim%20Forms. The Department will investigate your claim and attempt to help you collect your wages. If that is unsuccessful, the Department can bring a court case on your behalf to recover the wages you are owed. If the court finds that your employer acted willfully, it can award you, in addition to what you are owed, an additional 25%.

      Instead of filing a claim with the New York State Department of Labor, you can file a claim in state court for unpaid wages as well. If you win your case, the court can award you the wages you are owed, an additional 25% (if the violation was willful), attorneys' fees, and litigation costs up to $50. The statute of limitations for bringing such a case is six years.

      You can e-mail the Labor Standards Division of the New York State Department of Labor at [email protected] if you have wage claim questions.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Just a thought but:
        - Next time, do not wait two years.
        - Working off the books is also problematic. The problem with filing a wage claim is that there presumably is no record of you ever being an employee with this "employer". I am not saying that this is a show stopper, but it is not legally a good thing for your side. Likely the "employer" will not only claim to not be your employer, but further claim no work was done and maybe even "who dat?".
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          What DAW said is true but I would go ahead & file the claim. It can't hurt/it's worth a try.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Originally posted by Marketeer View Post
            You can sue the individual in small claims court. If this was a job where you completed tax forms, etc., and weren't paid, you could file a claim with the wage and hour division of the state labor department, but it sounds like this was an off-the-books arrangement.
            Thank you Marketeer. I was supposed be paid cash. Have e-mails to prove I worked for her.

            Comment


            • #7
              Originally posted by Betty3 View Post
              Generally -

              If your employer owes you wages, and you have asked her/him to pay you, you can file a claim with the New York State Department of Labor. The wage claim form is available at http://www.labor.state.ny.us/formsdo...#Claim%20Forms. The Department will investigate your claim and attempt to help you collect your wages. If that is unsuccessful, the Department can bring a court case on your behalf to recover the wages you are owed. If the court finds that your employer acted willfully, it can award you, in addition to what you are owed, an additional 25%.

              Instead of filing a claim with the New York State Department of Labor, you can file a claim in state court for unpaid wages as well. If you win your case, the court can award you the wages you are owed, an additional 25% (if the violation was willful), attorneys' fees, and litigation costs up to $50. The statute of limitations for bringing such a case is six years.

              You can e-mail the Labor Standards Division of the New York State Department of Labor at [email protected] if you have wage claim questions.
              Thank you Betty3. Violation was willful. Was supposed to be paid cash thou. Maybe I do not have any chance at court.

              Comment


              • #8
                Originally posted by DAW View Post
                Just a thought but:
                - Next time, do not wait two years.
                - Working off the books is also problematic. The problem with filing a wage claim is that there presumably is no record of you ever being an employee with this "employer". I am not saying that this is a show stopper, but it is not legally a good thing for your side. Likely the "employer" will not only claim to not be your employer, but further claim no work was done and maybe even "who dat?".
                Thank U Daw. There is prove of employment. Let time pass because I thought I did not have any chances. But It was not right that they did not pay me. I worked hard thouse 10 hours. I do not understand why they did not pay me. Maybe Designer thought I was an illegal alien which I am not. Still she should pay for work done.

                Comment


                • #9
                  Originally posted by Betty3 View Post
                  What DAW said is true but I would go ahead & file the claim. It can't hurt/it's worth a try.
                  Thanks Betty3, thinking a lot about filing a claim. It is not too much money, but I can use it.

                  Comment


                  • #10
                    Good luck to you if you file a claim.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment

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