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One of my employers Owes me a lot of Money California

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  • One of my employers Owes me a lot of Money California

    Hi All,

    I was Working for an employer as a contractor for about 4 months in 2004. His company is based in CA and i worked for a client in NC. I was interviewed by the client and was selected. My employer told me that my salary requirement was on the higher end so he said he will be paying some part of it as per diem (to save taxes) and decreased the rate a little bit (thiking both of us will benifit). BUt we did not have any of this written in the employer-employee contract agreement. All i have to prove this is an email he sent me saying that - $xxx is what i will be paying you as regular salary and $yyy as perdiem.

    As you might have guessed by now he did not pay me my per-diem for all the time i have worked. (FYI - it accounts to about $8000 - and that's a lot for me).

    You might ask me, what was i doing all this time?

    "The answer is - I assumed the only way was to file a court case, but believe me, even now i don;t think i can afford an attorney and all the expenses, so i backed off. I tried calling him, meeting and talking to him etc so many times, but he just cut me off. Now i'm seeing this forum and everyody is talking about 'small claims court' and i thought may be have a chance to get my money."

    Now my questions are:

    1. What should i do to get my money?
    2. Is the email and pay stubs (that do not have any perdiem listed) enough to fight and win?
    3. is it too late?

    Please suggest me something and make my day. This money is so valuable that it takes off most of my school loan. Thanks in advance for all the help.

    - Nade

  • #2
    Just clarifying - you were physically located in NC, correct?
    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


    • #3
      Here's the problem. You ready to pay taxes on that "per diem"? Characterizing a portion of your salary as nontaxable, when there is no exclusion in the IRS code for it is fraud at worst, and stupid at best.

      Do you have an enforceable employment contract that guarantees a specific salary (inclusive of this "per diem")? If it was that important, why wasn't it in the contract/agreement?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        Were you an employee or an independent contractor? Small claims court does have a limit on the dollar amount ($7500 for CA, $5000 for NC) and statute of limitations (varies by type of claim). You can find out more here http://www.courtinfo.ca.gov/selfhelp...s/scbasics.htm
        www.aoc.state.nc.us/magistrate/small_claims.htm
        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


        • #5
          CA law is not going to apply unless the employee either was physically working in CA or had a binding contract/agreement that specifies that the laws of CA would take precedence.

          Whether it is too late to take any action or not is going to depend on which state laws apply, poster, so you're going to have to confirm which state you were physically located in.
          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


          • #6
            Hello All,

            Thanks for responding.

            Contract - As i said there is nothing written in the contract which says that he has to pay me perdiem along with the salary. But he did send me an email saying that he will pay me $xx/hr as salary and $yy/hr as per diem. That is ll i got - the email. Now, why didn;t i insist to have it in the contract? - Because i was too dumb and believed whatever he said. He told me all kinds of stories like you cannot let the INS kow that you are being paid per diem etc etc...and i fell for it.

            Location - Yes, i WAS PHYSICALLY located in NC.

            Employee - I was an employee on my OPT(optional practical training) - Just after finishing my masters. He did persue my H1B, but i never worked on that visa due to all these problems and i moved to another company.

            Let me know if you need anymore info. Thank you all for supporting.

            Comment


            • #7
              OK, the new info changes some things. You are really going to need to talk to a lawyer given the added dimension of your immigration situation and this being a job that was part of your education while on a student visa (I presume you were on a student visa in any case).

              It also matters that you have a written contract. Whether the email can constitute an adendum to the contract or is a contract itself, is very situation soecific and you will need a lawyer to review both.
              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


              • #8
                hmm....i don't know how much is it going to cost me? Is it even worth hiring a lawyer? i don;t want to end up loosing money in hoping gaining some. I cannot afford it. Any more suggestions, anyone? Thank you all.

                Comment


                • #9
                  ElleMD is the expert on this board when it comes to such matters. You'll never know for sure without the advice of an attorney.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment

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