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Somebody please help me!!! Florida

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  • Somebody please help me!!! Florida

    I just started working at a (restaurant chain) in Florida 2 weeks ago yesterday. I was supposed to get paid last tuesday for my first week of work, 35 hours, but the checks never arrived. Now its saturday and I still haven't been paid, and I'm supposed to get paid again this tuesday. Most of the other employees get direct deposit or they get their money on a company issued reloadable visa card. It is madatory that we choose one of these payment methods. So the only people who have not been paid are new people who's accounts have not been set up yet, maybe 8 or 9 people out of the 50 or so who work there. Corporate says that they sent the checks the previous thursday and that there is nothing they can do about it. They refuse to reissue new checks for 31 days. I can't wait 31 days. I'm barely getting by as it is. That paycheck would have been gone as soon as I got it because I have so many things I need to pay for. Can they really make me wait this long? My manager says its because placing a stop payment on the first checks would cost them $35 per check, but isn't that their problem? They aren't even offering to add the balance to my next paycheck. I don't know what to do. Also its no secret that (this chain) is closing 40 stores within the first quarter of 2009. So what if they close my store, and what if they file bankruptcy? Does that mean they can right off what they owe me? Also, can they still make me work, with the consequence of being fired if I refuse to do so until I am compensated?
    Matt
    Last edited by cbg; 01-24-2009, 11:34 AM.

  • #2
    Matt for your own protection you might remove the name of your employer and city.
    http://www.parentnook.com/forum/

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    • #3
      Thanks Panther for your cocern. I have removed my City as you suggested.

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      • #4
        I also said name of employer. Which is even more important to remove
        http://www.parentnook.com/forum/

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        • #5
          I'm sorry to hear of your dilemma. Offer the company the $35 to stop the payment. I know it can take up to two weeks for mail to be delivered which is why some organizations claim they won't stop the check for 30 days. But I can't see why they won't at least trace the check with the bank. Ask about that.

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          • #6
            Matt, for the record, we do not allow the names of specific employers to be posted here. This is for your protection.
            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.

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            • #7
              Thank you LaborInquiryIndividual I will do that. We asked about a tracking number for the package and they said that there is no tracking number because it was sent USPS, but I thought that if it was money, then it had to be insured. I also would've thought that it would have been sent priority or first class, and that those type of mailings would have had a tracking number. Am I wrong in that assumption?

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              • #8
                Of course there is something they can do about it. The question is, will they? They can issue replacement checks. The restaurant can give payroll advances or even the net amount of the check, which can then be deducted from the next pay. I used to manage the payroll operation for a nationwide restaurant concern (over 350 locations) and we could do either of those things. I agree that this is a PITA for corporate payroll staff, but it is what it is and they should have procedures in place to handle lost packages.

                Problem you have here is that Florida basically has no wage payment law that specifies how long after the pay period ends the employees get paid.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Thank you for your responce. I called the head of Human Resourses with the company to try to persuade her to help get me paid. I left a message on her voicemail but I'm not sure if it is going to do any good.

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                  • #10
                    Your options are very limited, especially short term. You either keep following up until you get paid or you take them to court. As stated, this is FL and your state basically has very little in the way of labor laws and mostly does not enforce what little they do have.

                    Long term:
                    - Can you sign up for direct deposit? If so, do so ASAP.
                    - If the employer is a turkey, at some point the only long term solution is to go to work elsewhere.

                    Also, even if you have the most honest employer is the world (and you might not), check replacement is a pain. Not just a lot of work, but past that is legally problematic. Stop payments have a very limited effectiveness and there is still apparently a live check running around somewhere which likely as not someone will try to cash sooner or later. There is a real chance that the employer will eventually be held responsible for both checks (this is called the Holder In Due Course doctrine for those interested).
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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