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First Post, Please Help Florida

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  • First Post, Please Help Florida

    Hi,

    This is my first post, I have searched everywhere for the answer, unfortunetly unless your a lawyer then finding the laws that protect you are impossible! I was an employee at a computer repair shop for about 3 months. I have never been written up and I believe I have always completed my work ontime and correctly. My boss was very nice at first, giving me compliments maybe every other day. We talked alot about various subjects, I tried to stay after hours to just chat with him and try and become his friend. He and I attended the same college, although at different years. He was the owner of the company I worked for. I was hired with a 90 day probationary period. I signed a non-compete agreement and an employee handbook. I also filled out a w-2 form.

    Everything was basically fine until my last week of employment there. In the begining of the week I had loaned my girlfriend my car, we lived together and she was supposed to pick me up from work. She didn't show up and my boss hung out with me in the parking lot for about 40 minutes while we chatted and joked. He made a comment that really hurt me by saying, "what is your girlfriend on drugs or something? maybe she is cheating on you and left you?" well I just laughed them off and changed the subject quickly when these types of comments would come out of his mouth. Finally he offerred me a ride home and I took him up on the offer.

    A few days later I was sent out to setup two computers in one of our clients offices. I arrived at work, clocked in, and was briefed as to what I was going to be doing for the first part of the day. I loaded up the company truck and went to the job site. I completed the first part of the job, which was installing and setting up a computer in the retail area of the business. I called my boss and told him I needed a break and was at the gas station less than a mile up the road getting a drink. He yelled at me and told me I was not allowed to use the company vehicle as I pleased, and if I was going to continue working for him I needed to take a drug test. I told him I would take the drug test. I told him if it was such a big deal I would take an early lunch if he pleased. He told me to bring the company vehicle back to the office and to come get my vehicle and use it for the rest of the day. I went back to the office and instead of going back to the job site I went home and told him I didn't want to work for him any more. This was on a Friday. I called him on Monday and asked him for my paycheck. We were paid weekly on Friday's. He told me I didn't have one. Well after a few hours of arguing he called me and told me he found my paycheck and I could come get it Tuesday, but I had to sign a "release" form. So I went Tuesday and signed the form and picked up my check. Since we were paid a week behind I asked him about my final paycheck. He told me he didn't receive a timesheet (because I had not done one yet). He said if I fill out a timesheet he will consider paying my final paycheck, but he would deduct the hours he had to go back and "fix" my work. I told him that was understandable. I mailed him a timesheet for 33 hours and was very nice in a little note that I had sent him. Three weeks go by and I don't hear anythign from him. My girlfriends Mom works for a family law firm and I am friends with the lawyer there. The lawyer tells me he will call my boss and try to straighten things out. The lawyer calls my boss with no luck, the lawyer actually says "he is a **** and he doesn't want to pay you and he sent you a letter describing why" So I finally get this letter 2 weeks later and its an INVOICE! An invoice for $1,683.00!!! On the invoice there is things like, broken eBay items (I used to list things on eBay for him, not for me, but for him, it was part of my job!) it also says that he had to go back and do about $400+ re-work on the job that I left. Plus there is three different line items that say "Bowers Publishing Invoice # XXX" and they range from $100 - $300 each! Another thing is 2 computers that a customer told me he wanted to special order and that my boss ended up special ordering, even though I didn't tell him to, but the customer never picked up those computers. SO how is that my fault? I didn't tell him to order those. Anyway I have 30 days to pay or he is filing this in civil court. What am I supposed to do? Also I was paid basically under the table, $13.00 an hour, no taxes taken out, even though I filled out a w-2. Also in his letter he claims I was "sub-contracted" to do this work. The 90-day probationary period was up for 3 weeks and he never fulfilled his part of the pre-employment agreement of doing an evaluation of me and deciding if I was "employment" material. So please help me. I have called 3 lawyers on this matter, and have received no help. The DOL website doesn't do much either. I obviously have computer skills, yet I can't find anything that will help me with this person! He is such an ***.


    Thanks in advance!

  • #2
    Anyway I have 30 days to pay or he is filing this in civil court. What am I supposed to do? Ignore it. chances are he's just being an a** and it's an idle threat. If he does take you to small claims court, I seriously doubt that he will prevail.

    Also I was paid basically under the table, $13.00 an hour, no taxes taken out, You may contact your State's Department of Labor and file a complaint for your unpaid wages and the method by which you were paid. As an employee, your employer has to withhold taxes, report your wages, make a matching social security contribution, and issue you a W-4 form at year end. You just need to make sure you report this cash income on your tax return for the appropriate year so that you're not in trouble with the IRS.

    Also in his letter he claims I was "sub-contracted" to do this work. He's just trying to re-write history and belatedly justify treating you as an IC rather than an employee.

    The 90-day probationary period was up for 3 weeks and he never fulfilled his part of the pre-employment agreement of doing an evaluation of me and deciding if I was "employment" material. Not relevant plus you walked off the job.

    I called my boss and told him I needed a break and was at the gas station less than a mile up the road getting a drink. He yelled at me and told me I was not allowed to use the company vehicle as I pleased, Your boss was correct on this issue so do remember this for the future. You can't just decide to take a break and hop in a company vehicle to drive to wherever unless the boss says it's ok first.

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