Course of Action
Posted By: ed on 2008-02-23
In Reply to: If a company doesn't pay, is there anything one can do to collect? - nm
1. File a complaint with the labor board.
2.File a civil action against the company.
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Class action
You might have enough people to bring a class action, or just go together to hire an attorney...
Good luck!
D&L class action?
I think a bigger problem is many people complain, put up with it, or leave and complain but do not follow through - Otherwise how did it get so bad? I think everyone needs to fight back to this company and every company that does this THE FIRST time - if you bounce a check or do not pay what happens - you get it on your credit - send notes to the credit agency - you are a business - IC - and tell them - send them your unpaid invoices and they will place it on their credit report.
That's when we do a class-action and
Doesn't that sound like a plan?
that sounds like action to me
You may be one, but I am sure you will inspire others to join you. 
what action can I take for nonpayment?
I am having the same issue with 2 different companies. IF you are an employee, you can call the labor board and they can assist you. IF NOT...if you are an independent contractor it is a lot more difficult. The labor board will not assist an IC. Then your only option is to hire a lawyer in NJ and file suit against the company there. If the company owes less than the limit for small claims court, you can file in small claims court but you have to physically go there to appear in court...if you win, all you get is a judgment, i.e. a piece of paper. The court will not make the company pay the judgment, it is up to you to collect that. If it is over the limit for small claims, you have to have a lawyer file suit in district court. Of course...even if you win, the lawyer has to be paid so make sure you are owed enough for it to make it worthwhile to go that route. Now, if the company gives you a check that bounces, that's a whole other issue. Then you have to send a certified letter giving them (usually...varies by state) 10 days to pay the check and any bank fees you have accumulated becuase the check bounced. If they do not, then your only course of action is to send the check and a complaint to the district attorney where the company is and ask them to collect. The district attorney will send the compnay a letter and if they don't pay the check, then they will file suit against the company and will in fact arrest the owner. All of this takes ages of course and that is probably not going to help the immediate issue which is you need the money you earned! yeah...I understand completely. Good luck.
Good for you for taking action to
change careers. Enjoy the kids.
Plan of action comment
While you really cannot do anything about the parting of the ways unless there is a provision in your contract to cover this, you can do something about getting your money. If I were you, I would not hesitate one second. A certified letter to them with return receipt back to you would indicate that they have 7 days to get your money to you. Eight days after they have received your letter, if you do not have the full payment in hand, file a suit at your local small claims court. It does not hurt to call/visit the small claims court and get all the information and paperwork (whatever you can) ahead of time. Also, file a report with the BBB (it is debatable whether or not this will help, but it can't hurt).
This is not the time to be nice. Don't accept any excuses from them and do not grant them any time extensions.
Of course, this is my opinion only.
Good luck,
Lillybelle.
Taking action is vital.
I totally agree that if you are unhappy, it is so much better to take action that to wallow in it. What I don't totally understand is why so many MTs stay at companies that treat them poorly. There are good companies out there that DON'T reaquire you to spend time e-mailing, IM'ing, and doing nonproductive unpaid work. And many of those companies that say they offer a maximum of 8 cpl have decent production bonuses that can bring that to 10 cpl. Some even give raises, believe it or not. And there ARE companies that will offer more than 8 cpl to start, and have steady work to boot. Changing jobs is painful, and it can take a few moves before you find the right one. But why not try? I just don't feel that an attempt at unionizing is going to solve the problem. But hey, if you think it will, all power to you and best of luck in your efforts.
What action can I take for nonpayment on a company in NJ - sm
As of this Friday the first invoice will be 6 weeks past due, the 2nd 4 weeks. She has been saying for weeks she has mailed these two checks. Today she said she sent them priority (told me yesterday she would mail them priority). I know she is just biding time because there is no money to cover them which is my next problem. If and when I get these who knows how long it will be before I can cash them. I would like to tell her that if I don't have checks in the mail by Friday (that I can take to the bank and get cash for) that I am going to take action against her. I am just tired of her crap and lies. Obviously I no longer work for her either so she has no real incentive to pay me. She stopped sending me work because she knows I won't type if I don't get paid. Any suggestions would be appreciated. Thanks.
your supervisor should be monitoring this action.
nm
I think everyone should file a class-action suit
I've witnessed front-end VR in action...sm
First hand. It was extremely impressive. Talked to the docs that use it. There are lots of companies and software packages out there so perhaps it varies a lot.
I am filing a small claims action this week.
Have one doctor that I had problems with and only typed for him foer three months. He was unethical but then he felt that I should not charge for anything that was not actually typed, i.e. if he did a normal exam, etc. So we had a falling out and he owes me $200 and he has threatened fraud against me, etc. But I told him he could not bully me and that we would leg small claims court settle the matter. Am giving him a three day notices sent in a signed reeturn receipt and if he does not pay I will go to court. So if you are an IC that is your course of action. I work directly for the doctor, if you are with a service and you know the docs that you are typing for, can tell your MTSO you are informing them that they do not pay their IC's and you will not longer be able to work or provide services, but that depends if you signed a contract and stated you would not have any contact with the accounts. My first suggestion, write a last demand letter and outline that you will file small claims court proceedings and send a copy of that to their accounts.
Good luck.
We need to CALL THE FACILITIES and let them know what is going on! OR Class Action Lawsuit
...we need to all go out on strike! If we ALL stopped working tomorrow, called the facilities and let them know why, where would WebmedX be?
It's wearing thin, and I'll sign onto class action!
Right now I'm working full-time for one of the Axis of Evil...where, as we know, the recent denied-until-it-happened pay cuts and global equilibration of account levels screwed me, so I'm trying to get out of that hell hole, where the only thing left after VR gets done are the crappiest of the crap. I saw light at the end of the tunnel, and it turns out it was a train coming through to smack me head-on.
So I guess I'll hang onto the 2 jobs I have now, while I continue to look for 1 or maybe 2 that will be more amenable. I don't mind working hard and I don't really even mind the account job #2 has me on (although it has been NWA all week...must have hired some more bodies), but I hate the perceived sneakiness of it while they've got my back against the wall. GRRRR
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