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SHADY SALES COMPANY PRACTICES Arizona North Dakota

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  • SHADY SALES COMPANY PRACTICES Arizona North Dakota

    When i was hired i was told to sign some contracts stating that if i quit before 180 days i will not be paid my final checks (plural) . I started on a Thursday (pay period ends every Friday) and was told i would receive my first paycheck a full two weeks after starting. My work day starts at 9:00 AM, I was marked late for being in at 8:55 AM which lead to my hourly wages being droped a full $2.25 (started at $11.00 now at $8.75) from there on after, also am i entitled to overtime for the 20 extra min a day (including lunch ending at 50 min but being not paid for the 1 hour) They Pay me from the personal checking accounts of our team leaders (around 8 employees to one team leader) with no tax with holding.. There is pornography all over the sales floor. They do not honor the do not call list. The company is listed as one name, we are ordered to tell the costumers another name. I asked for a copy of my contracts that i signed and they are dancing around it by giving me excuses on why they cant do it at the moment (i asked 4 times in 3 days) i see no state law posters. If i do somthing like leave my papers on my desk they give me a "check mark" which means they take out $10 from my check (im at 7 for the week!! for little things at that!) Im not allowed to leave my desk (restroom time) for 4 of the 8 hours working.

    Is anything wrong here or do they walk the fine line but never cross it?

    also if they get shut down will i have charges pressed on me for my involvement?

  • #2
    1. You must be paid for all time worked. Period. Even if what you signed was a bona fide employment contract, such a clause would not be enforceable.

    2. Although it may have been petty, it is not illegal to lower your hourly rate going forward; it just can't be done retroactively (for hours already worked before notification).

    3. I'm not sure I understand the situation with the "20 minutes" of overtime and lunch. Can you clarify?

    4. No taxes? Very likely, HUGE problem. What kind of company is this and what do you sell?

    5. Pornography on the sales floor? Idiots. And possible sexual harrassment claim.

    6. Don't know about the penalties for not honoring the do not call list.

    7. Regarding a copy of your contract, which state (you selected two)?

    8. No state law posters? Slap on the wrist or maybe a fine to the company.

    9. Generally speaking, your pay cannot be docked for "errors". Again, what state?

    10. OSHA regulations state that you must be provided "adequate time" to use the restroom.

    11. Depending on which state, whistleblower laws may protect you legally for filing complaints/claims of alleged law violations with the applicable regulatory authority. If you are fired for doing any of this (or even if they come up with some other reason), I would see an attorney.

    This sounds like a HORRENDOUS place to work, whose owners are either ignorant at best or crooks at worst.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Thank you for the feedback and sorry i didnt mean to post it twice the state menu was on arizona and.... YEA....

      Comment


      • #4
        Answers To Q's

        I live in Arizona. The company is named (deleted) (its printed on the door and on various papers we have) We only pay attention to the (deleted) name because they don't want us to notice the "iffy" parts of the company, that was told to me by one of the managers who i was referred to (deleted) by. Now i know why he didn't want me to say that i know him.

        The 20 min of overtime i was talking about is the ten minutes i need to be early in the morning and the ten min i need to be back before lunch is over.

        I was just "fired" for being "late". although i didnt hear the voice mail until after i quit (funny timing). And actually i loved working there but twards the end i started to notice the details of our work. I actually wanted to record how my employees and managers talk to the customers then i realized why they have the music so loud!! When ever the music would go to commercial or stop for any reason the managers would get mad at the person who controlled the music, and yes there is someone who controls the music that's it. I can't even talk to my naighbor with out screaming and the phones have a filter that deadens any noise if your not yelling into the center of it

        I asked about the taxes or lack of so to speak, and i was told we were soposed to do our "10-90" at the end of the year.

        And the personal checks i found out that they sometimes even print out exact copies of others they gave to us. My friend has two identical check, of course one bounced


        Thank you again.
        Last edited by cbg; 04-12-2009, 09:19 AM.

        Comment


        • #5
          No, no, no, please edit your post to remove the company name. No point in adding a lawsuit to your troubles, plus it's against the rules of this site. I just wanted the TYPE of business.

          OK, Arizona.

          Were you inside sales?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Sorry for the names... I was outbound sales we cold called contractors across the country. I also wondered because i was technically fired before i quit (i got the voice mail after i had left that was apparently there before i "quit") aren't i suppose to get my final check with in 3 day's? even though i signed the contract stating they can hold my checks for up to 180 days?


            Once again i appreciate the help.



            Originally posted by Pattymd View Post
            No, no, no, please edit your post to remove the company name. No point in adding a lawsuit to your troubles, plus it's against the rules of this site. I just wanted the TYPE of business.

            OK, Arizona.

            Were you inside sales?

            Comment


            • #7
              As inside sales, you must have been paid for all hours worked at least at minimum wage. That means, on a workweek basis, your commission divided by your total hours worked must equal at least MW. And unless the employer meet the retail sales exception (call centers, I'm not clear on), you must have paid overtime at .5 time for all hours worked over 40 in a workweek.
              http://www.dol.gov/dol/allcfr/ESA/Ti.../Subpart_C.htm
              http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.118.htm


              At this point, you have two options. File a claim for unpaid wages, including your final paycheck, with the ICA (what Arizona calls its Dept. of Labor) or a civil suit. Although a claim with the ICA is free, a civil suit can include attorneys fees and possibly punitive damages. Plus, you can also report this company to the IRS, the ICA, the Employment Security Commission, etc. It's almost a certainty that you were not an independent contractor.

              With all the issues, I'm going to recommend you see an attorney. The Lawyer's Referral Service of your county bar association can give you referrals to attorneys versed in this type of law.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Thank you for your time spent on this im going tomorrow to file a complaint and seek out an attorney. Thank you again.

                Comment


                • #9
                  Originally posted by KingBoogie View Post
                  Thank you for your time spent on this im going tomorrow to file a complaint and seek out an attorney. Thank you again.

                  Just so you know, if you end up filing a civil suit, you would have to void the complaint with the ICA. In Arizona, it's either/or, not both.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    confused....

                    Because of the fact that i was paid with no taxes and told that i needed to file a 10-90 at the end of the year, im confused. Am i an independent contractor or not? The department of labor gave me no help but only to say "you would know if your were an Independent contractor" but i don't!! The reason im confused is because there are two ways to file, one through the courts and one through them. What should i do? The BBB is not taking calls or i would ask them and file a complaint aswell.

                    Thank You

                    Comment


                    • #11
                      The BBB is a consumer agency. They do not accept wage and hour issues and have no authority to do so.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                      Comment


                      • #12
                        Why don't you talk to an attorney in your case.
                        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


                        • #13
                          And you don't file a "10-90". Companies give independent contractors a 1099-MISC. However, I don't agree that a 1099 is in order. I see you as an employee.

                          Agree that you should talk to an attorney.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                          Comment


                          • #14
                            Originally posted by cbg View Post
                            The BBB is a consumer agency. They do not accept wage and hour issues and have no authority to do so.
                            Yes i understand but my issue was finding out if i was hired as an Independent contractor or as an employee of the company. She directed me to the BBB to file a complaint against them. I was just hopping they would know what i was hired as (the lady i spoke to was no expert) In order to file the wage dispute correctly.

                            Comment


                            • #15
                              Originally posted by Betty3 View Post
                              Why don't you talk to an attorney in your case.
                              Thank you. I'm starting to think that the "contract" was a way to scare employees from filing anything against them. Even i thought that the contract might be legal.

                              Comment

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