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Buisness Ethics? Im confused?? Maryland

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  • Buisness Ethics? Im confused?? Maryland

    I had a good friend from high school about two months back pull me into a restaurant he was starting with the intentions of me being the bar manager. He never told me that until the restaurant opened I would not be payed for any of my services. Also I was never informed that I would be left to manage the entire place. Once the computer system was set up i started to punch in averaging almost 16 hours a day. Basically I was opening the doors for my and their employees and locking up at night (sometimes at 3 in the morning). When he saw how many hours I was logging he told me that he had moved me to a salary pay and that there was no need for me to clock in. So now that i look back there are no true records of my hours, and i have still not been payed. Two days ago Tuesday 15th I had enough and quit. I went in on Wednesday to talk hours and final pay out for my work. In which I was told I would be payed 7.50 for 120 hours of work. Well that math doesn't work at all since i was opening and closing the place 7 days a week for almost 2 months? Also that doesn't really account for me being on salary if he is going to pay me hourly. He said also that i wouldnt' be able to prove my hours do to the fact that there were no clock in or out records on the computer system. I was also told that if I wanted he would say that He fired me so that I could collect unemployment?!? Ok, I'm young, but something is not right with whats going on here. What should I do to make sure I am rightfully payed for the job that I had done and done well?
    Extremely Concerned!!!
    Tim

  • #2
    Any Ideas on who I need to contact. Maybe get myself a lawyer?

    Comment


    • #3
      That, or file a wage claim with your state's department of labor.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        Agreed.

        You are being royally shafted.

        Here is what you do. Go back to your friend tomorrow. Work up an exact accounting of every hour you worked.

        multiply it by the agreed upon amount per hour that he brought you in under.

        Then, tell him that if he doesn't pay you every dime that he owes you, you are going to contact the Department of Labor and get yourself a lawyer. The Department of Labor will give him a financial enema and you will sue for whatever the state doesn't seize.

        The Department of Labor action won't cost you a thing... and all you will have to do to prove SOME of your hours is to start bringing into the hearing the depositions of the other people you worked with during the hours in dispute. It won't take long before the other employees figure out what is up and start quitting before THEY get shafted.

        He will pay or go out of business.... or both.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

        Comment


        • #5
          I don't like to use threats, but would it be unlawful if I went in tomorrow, and the check he gives me does not fairly represent the work and Hours I preformed, could I threaten to obtain a lawyer or follow through with contacting the proper sources to gain what I am rightfully owed? Also could I hit him for loss of wages I would of obtained from my other job, or was this kinda a live in let learn situation in that respect.
          Tim

          Comment


          • #6
            Originally posted by timford86 View Post
            I don't like to use threats, but would it be unlawful if I went in tomorrow, and the check he gives me does not fairly represent the work and Hours I preformed, could I threaten to obtain a lawyer or follow through with contacting the proper sources to gain what I am rightfully owed? Also could I hit him for loss of wages I would of obtained from my other job, or was this kinda a live in let learn situation in that respect.
            Tim
            Absolutely threaten legal action.

            You cannot, however, sue him for the money you might have made somewhere else.
            Not everything that makes you mad, sad or uncomfortable is legally actionable.

            I am not now nor ever was an attorney.

            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

            Comment


            • #7
              Thank You! I have learned to be more wise with my actions and who I trust in certain situations. As much as I would of loved to see this place float with all my hard work, and the contacts I have made it is not worth getting "shafted".
              Tim

              Comment


              • #8
                Originally posted by timford86 View Post
                Thank You! I have learned to be more wise with my actions and who I trust in certain situations. As much as I would of loved to see this place float with all my hard work, and the contacts I have made it is not worth getting "shafted".
                Tim
                By the way... this is also why you NEVER EVER work for a long period without getting paid!

                I swear... everyone else must be independantly wealthy. If I went 2 months without a paycheck, my family would starve...

                Maybe you were making tips on the bar... but still...
                Not everything that makes you mad, sad or uncomfortable is legally actionable.

                I am not now nor ever was an attorney.

                Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                Comment


                • #9
                  No, I put alot on the line when not getting paid. I have had a job ever since I could legally hold one, and put thousands away in savings over the years. So with the two months i went unpaid I dove into that stash and have now diminished what took years to build.

                  Comment


                  • #10
                    I have been searching the web to see where and if i could find a complaint form. Is this something I would have to go about in person or is there a form online I could get?
                    Tim

                    Comment


                    • #11
                      Here you go http://www.dllr.state.md.us/labor/wa...wpremedies.htm

                      http://www.dllr.state.md.us/labor/essclaimform.htm

                      http://www.dllr.state.md.us/employment/ui/

                      And you can get UI in MD if you are fired. It takes and act of God to disqualify you in this state. Now if you quit, it is much harder and it is iffy whether not being paid for 2 months would qualify as reason to quit as opposed to remaining employed and filing a wage claim. What can I say? This state is screwy.

                      Unfortunately the DLLR is not the force it once was. Depends upon who is sitting in Annapolis on any given week and whether the legislature can play nice long enough to keep it funded. In other words, don't expect them to jump all over this.
                      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.

                      Comment


                      • #12
                        Thank you,
                        Today I went in to take care of measures of money owed. I was basically told here is your pay which came out to 659.26 which is about 150 hours short of what pay I should of been owed. I calmly let him know that I would be contacting my lawyer as well as the DOL. He then pushed me out the back door before I was able to even grab my car keys, and told me if i was seen on his property the police would be called. I had to go back in the front to get my car keys in which he went back to me and was saying, "you don't think im serious, call the police someone call the police." I was able to grab my keys and left. Now my question and problem. I need money any money if I cash this check am I in anyway forfitting the rest of the lost income?
                        Tim

                        Comment


                        • #13
                          No cashing the check does not affect your ability to file a claim.
                          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.

                          Comment


                          • #14
                            What about the act of basically using physical violence on his part to put me out the back door. Can this in any way help my case?
                            Tim
                            P.S. sorry so many questions. Not something I've ever had to deal with before, nor something I would have ever imagined happening.

                            Comment


                            • #15
                              It isn't going to affect the wage claim in any way. If he assaulted you, you can file a claim with the police. To be honest though, unless you have some sort of physical injury, they aren't going to do much.
                              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.

                              Comment

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