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what action can I take for nonpayment?

Posted By: NMMT on 2009-02-18
In Reply to: can cash it but if bounces you lose - .

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.




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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.   
nonpayment

Yes, I contacted the company.  I spoke to a person in payroll, who refuses to release my check because she states she doesn't have a record of my returning their footpedal.  I told her I had a tracking number that showed they had received it Aug 30th.  She didn't want anything to do with the tracking number and had me leave a message on someone else's voice mail.  I have heard of other people having difficulties with this company and it looks like I am going to have to fight for release of my check. Hence, my question.


 


nonpayment help.....sm
What was their excuse for not paying on time? If you still haven't received 2 checks, I believe I would rethink doing any more work for them until I got paid. Are you IC or employee, since you said employer won't pay. I would let them know no more work will be done until payment is received within X number of days, and then I would call the local Better Business Bureau in that city and report this.

This has happened to me only once, but the owner of the company was very straight forward about her clients not paying on time, how much she owed the IC's, how much she had on hand to pay, etc. She pitched a fit to the clients, they paid up, and we got paid.

If push comes to shove, depending on where you live, I would then go to small claims court to get paid. File a claim in their locale. Good Luck!
nonpayment
I just quit an MTSO who is playing that game. Heard excuses three different times during the six months that I was an IC there and the third time, I said enough already. Always blaming someone else, getting P***y when asked when pay would come and the threat about ICs can get paid once every 30 days..I didn't write the contract MTSO did with biweekly pay. At the end, I actually stopped doing any work until I actually had the money, which ended up being just a few days before the next scheduled payday and the lies started again..last I heard said MTSO still hasn't paid up and still has tons of excuses why someone else is to blame. Glad that I left when I did!!!
I actually contemplated contacting other ICs that worked for the company to point out the discrepancies and then decided that everyone has to make their own decisions and I hope for their sakes that they come to realize soon that she is full of it....account is probably not paying on time because TAT is never met. In six months, there was only maybe one week where I didn't get emails screaming for people to work more because we were behind...I figure it won't be long before the account drops this MTSO altogether and I just hope all those ICs have other means of support or are able to find something else, in this economy that might take a while!!!
Nonpayment help needed

Invoiced and billed employer who has not sent me a check.  I did email and a check was to be sent to me by this past Friday, but is now not responding to email inquiries as to the status and whether or not the checks were mailed (they now owe me 2).


Which regulatory agencies or legal groups do I contact in this regard in order to be paid?


I sure don't need another nonpayment company.
Is there anyone that currently works there that can comment on the payment issue?
Course of Action

1. File a complaint with the labor board.


2.File a civil action against the company.


last paycheck nonpayment question
Does anyone know what is involved if you have to file a complaint with a labor board for last paycheck?  I am assuming that a labor board is where I would file such a complaint.  Thanks
That IS nonpayment for services rendered
and someone needs to give them a kick in the asp for doing that.
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. 


Old posts mentioned nonpayment issues. nm
s
MTSO won't pay or give me reason for nonpayment
I am going to small claims court tomorrow to file a suit against MTSO that hasn't paid me in four months. No idea why they haven't paid. Won't return phone calls or emails. Only worked there a week, and I think she somehow thinks she is justified in not paying me.

Feel bad for anyone that doesn't get paid. There is no excuse to not pay people for work they have done.
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.
your supervisor should be monitoring this action.
nm
Yes, turn them in to the Department of Labor and Industry for nonpayment.
Try the BBB or FTC for unfair labor practices. Send them a certified letter demanding payment or you'll sue in small claims court.
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. 
How does a chat board assist an MTSO with nonpayment issues?
Just asking, not finding the correlation between the two, and clarification would be appreciated for now and the future.
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?
Recent posts show them with late or nonpayment issues. Do a search. nm
s
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