Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Not Paid Minimum Wage For 5 Years + Other Issues. Illinois

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Not Paid Minimum Wage For 5 Years + Other Issues. Illinois

    This post has been edited.
    Last edited by edmund70; 01-03-2008, 07:40 AM.

  • #2
    1. Your boss was a scumbag.
    2. Your boss broke the law by not paying you minimum wage. He broke the law by paying you off the books. He likely broke the law in other ways, as you describe.
    3. You stole from the boss. You broke the law. Even though he is a scumbag and criminal, it doesn't legally justify stealing from him.
    4. He could very well press charges against you. Though you seem to have so much on him, he may not bother.
    5. The "gap" in your resume probably doesn't matter much. Plenty of people get hired for jobs even when they have no reference from a past job, especially a non-professional job, and especially if they are young and recently out of school. Just include the job and all your duties on your resume. Tell people in an interview that you worked the job, and what you did, what you learned, etc. Explain that you do not have the past employer as a reference, because you left the job after a disagreement with him. Do not go into details, and do not trash him in an interview. It will make you look bad. If pressed for an explanation, maybe say something like "my former boss and I parted on bad terms...he owned the small business; I was his only employee...he kept adding more and more to my duties and wasn't paying me what I thought was fair, and I unfortunately had to leave after 5 years of duty...but this is what I learned from that experience..."
    6. Make sure you have other references, maybe coworkers, instructors from school, etc.
    7. Don't steal. Hopefully you do not habitually steal, and hopefully you won't steal again. Hopefully you are not trying to justify what you did, that the boss deserved it, etc. Again, you were wrong. Two wrongs don't make a right.
    Last edited by TSCompliance; 12-31-2007, 03:24 PM.

    Comment


    • #3
      It seems you both did wrong. Your boss by not paying you all your wages & you by stealing from him. I would not try to get unpaid wages from him (seems he is filing bankruptcy anway) & hope by the same token he doesn't press charges against you for stealing.

      Good luck on finding another job.
      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


      • #4
        And, depending upon how long ago this occurred, the statute of limitations for filing any claims may have expired anyway. Move on.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          This post has been edited.
          Last edited by edmund70; 01-03-2008, 07:42 AM.

          Comment


          • #6
            Plus, if you were paid under the table, and you did not report the income on your taxes, thats another whole issue you probably dont want to bring out.

            It was a bad deal, you both did wrong and IMHo your best bet is to walk away, learn from this experience and find a better job.
            I find that the harder I work, the more luck I seem to have.
            Thomas Jefferson

            Comment


            • #7
              This post has been edited.
              Last edited by edmund70; 01-03-2008, 07:41 AM.

              Comment


              • #8
                This post has been edited.
                Last edited by edmund70; 01-03-2008, 07:41 AM.

                Comment


                • #9
                  This post has been edited.
                  Last edited by edmund70; 01-03-2008, 07:41 AM.

                  Comment


                  • #10
                    Originally posted by edmund70 View Post
                    Also, in searching other threads here, I have become more confused about the minimum wage thing. If the store doesn't make enough money, do they not have to pay hourly workers minimum wage? Have I been wrong about this the whole time I worked there? Was he legally right in paying me $6.00 an hour all these years?
                    What may be confusing you is whether or not the employer is subject to the FLSA. Although one of those requirements for coverage is gross annual income of $500,000, the other one (they're not exclusive) is if the company engages in interstate commerce. If this is a retail store, it's very unlikely they aren't at least getting some merchandise from out-of-state suppliers; that would make them subject.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #11
                      He wasn't legally right in not paying you min. wage but you were not legally right in stealing from him either.
                      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


                      • #12
                        Offer Of Severence Pay?

                        This post has been edited.
                        Last edited by edmund70; 01-03-2008, 07:43 AM.

                        Comment


                        • #13
                          I vote to take it. If you have a record of being offerred and accepting severence pay, it would be hard for him to say he fired you for theft. You normally don't give parting gifts to someone you fire for stealing.

                          I don't like his using the term "anything else I have not legitimately purchased from him." Maybe make a firm statement in a response letter that the recent purchase youre' returning, and other past purchases you made, were with his approval and clearly documented in company records.

                          See what the others think....

                          Comment


                          • #14
                            Moderator, please close this thread.

                            Comment

                            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                            Working...
                            X