Labor Law Talk  
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Go Back   Labor Law Talk > Employment and Labor Law > OHSA, State, & Federal Labor Laws Posting Requirements > Nevada Labor Laws

Reply
 
Thread Tools Display Modes
  #1  
Old 09-06-2006, 12:18 AM
Familyguy Familyguy is offline
Junior Member
 
Join Date: Sep 2006
Posts: 2
Unhappy Feels like I'm getting ripped off... Nevada

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!
Reply With Quote
  #2  
Old 09-06-2006, 04:17 AM
robb71 robb71 is offline
Senior Member
 
Join Date: May 2006
Location: Pennsylvania
Posts: 1,721
Default

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
Reply With Quote
  #3  
Old 09-06-2006, 08:10 AM
Familyguy Familyguy is offline
Junior Member
 
Join Date: Sep 2006
Posts: 2
Default

Yes, I did receive and complete the aforementioned w-2 and other tax forms.
Reply With Quote
  #4  
Old 09-06-2006, 02:01 PM
ElleMD ElleMD is offline
Senior Member
 
Join Date: Jan 2006
Location: MD
Posts: 12,080
Default

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.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
If I have filed my petition without the use of an attorney, what are certain things I Nevada qacrawler Nevada Bankruptcy Law 0 06-26-2006 01:43 AM
Nevada Rules To Be Observed By Employers Labor Law Poster laborlaw Nevada Labor Laws 0 05-25-2005 12:35 PM
Nevada Notice To Employees Labor Law Poster laborlaw Nevada Labor Laws 0 05-25-2005 12:33 PM
Nevada Safety And Health Labor Law Poster laborlaw Nevada Labor Laws 0 05-25-2005 12:32 PM
Nevada Labor Law Posters laborlaw Nevada Labor Laws 0 04-30-2005 12:28 AM


All times are GMT -8. The time now is 04:10 PM.


Powered by vBulletin® Version 3.7.1
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
© LaborLawTalk.Com 2008. All Rights Reserved.
Privacy Policy | Disclaimer and Conditions of Use

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com

Topics pertain mainly to the following States:
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada North Carolina North Dakota New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming