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Not getting last two weeks pay - Pl Help New Jersey

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  • Not getting last two weeks pay - Pl Help New Jersey

    Hi,

    Mine is a simple yet complex problem.

    I really appreciate if you guys read it completely and help me so that
    I can proceed further.

    I have been working with my employer for 2 years as a consultant on huorly basis. Till last month, I was working at the client's place in Stamford, Conecticut with a major investment bank through a middle vendor. The hirarchy was like this.

    My Employer (KS) --> Middle Vendor (NJ) --> Client - Investment Bank (CT)

    My employer had contract with middle vendor, who placed me at client's place on hourly basis. My employer is in Kansas. Middle vendor is in New Jersey, client is in Connecticut where I work.

    The contract says that I will be paid $50 per hour and my work place will be Stamford, CT and contract will be for 12 months and a possible extension.

    I resigned last month and gave 8 days verbal notice to the client and 6 days notice on phone to my employer. Now middle vendor says that I didn't give them formal notice as per agreement, so they won't pay last two weeks pay.
    My employer says that he won't pay me because he is not getting money from middle vendor.

    Actually there was no agreement made as middle vendor is saying. In case it exists, I was not informed about that. I am sure it was not there. I was just forwarded a contract statement which is as below.
    ------------------------------------
    ASSIGNMENT DESCRIPTION: Programming services as directed by CLIENT.
    ASSIGNMENT LOCATION: xxx, Stamford, CT.

    ASSIGNMENT START DATE & DURATION: 07/20/2006 up to 12 months
    (possible extension)

    GUARANTEE: The vendor will provide two weeks guarantee without pay in
    the eventuality of the consultant lacking in the skills required for the job.

    xxx Inc. agrees to pay the following fee for VENDOR consultant
    providing consulting services.

    RATE AGREEMENT:

    Consultant Name: xxx yyy
    Contact: 111-111-1111 / [email protected]
    Client:ABC Company

    Rate $ 50.00/Hr



    ACCEPTED AND AGREED TO:

    By: By:


    _______________________________ ______________________________

    My Employer Middle Vendor

    Name: abc abc Name: jgjsdgf kjgsdhf

    Date: 07/14/2006 Date: 07/14/2006

    I have very good relationship with client. Client is very happy with my work.
    I left the client's place only after transferring the whole knowledge to others,
    made my coleagues comfortable with work, documented each and every thing that I worked.
    Client is happy and releaved me after he was completely satisfied.

    I have following claims:

    1. I should be paid for last two weeks.
    2. As per contract, I was told that I will be working in Stamford, CT. So I moved to stamford, CT.
    When I reached client's place on first day, I was told by the client that I have to work
    2 months in Stamford, CT and later in New York. So immediately I cancelled my arrangements
    in Stamford, CT and moved to New Jersey so that I can commute by train. I signed a lease in New Jersey for 1 year.
    But client kept on postponing the decision to moving to New York and at last that proposal
    was cancelled. During these days, I commuted from New Jersey by car and finally resigned.

    I ended up paying hundreds of dollers on gas and tolls.

    3. As per the agreement, I was told that I will be paid $50 hour. Almost for one month, I worked 15 hours a day
    upon clients request and to meet deadlines. When I tried to claim the hours, I was told that client
    pays on daily basis, so I cannot claim morethat 8 hours a day. So I had to claim only 8 hours and lost
    the overtime pay.


    Still I didn't complain anything. But now middle vendor says that he won't pay me because
    I didn't inform them formally (probably by email).
    I resigned because I cannot commute from New Jersey for 170 miles a day,
    and I cannot afford to break the lease because I don't have that much money to pay if I break the lease.

    I requested them my two weeks pay several times, but they are rejecting.
    Only option left for me is to complain to DOL. Can you guys tell me whether
    1. Its ok to complain to DOL?.
    2. To whicl state DOL should I report?

    Really appreciate if I can get an quick reply.

  • #2
    If you are not an employee, then you are going to need to go through small claims court to recover the funds due per your contract.

    If you are an actual employee, you need to file with the DOL for unpaid wages. You can not forfit your right to pay because you didn't give notice or because a client doesn't want to pay a vendor.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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