Question regarding small claims and ex-employer.TIA
Posted By: MI-MT on 2006-07-13
In Reply to:
Has anybody ever filed a small claims suit against an employer that was in a different state? I need to file small claims suit for wages that are owed, but I am in a different state as the company. Does anybody know how to go about this?
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Why not sue in small claims (sm)
You have a business contract with them. It's not a paycheck we are talking about. It's payment for services rendered. Are they going to send someone to your state to defend it? Probably not!
Small Claims
If you go down to the courthouse they will help you step by step. Or perhaps by now it is on line in your state. If she is an MSW or LCSW the state will have a copy of her license and you can also get her address that way. You make out the papers, at least I did, and provide the address to serve her at and they will mail them to her place of employment if that is the only address you have. But the courts are helpful, at least they were in Oregon, and showed me how to do the business as well as personal. Good luck. May I ask why she said she wasn't going to pay you? Just curious.
Small claims
You have a right to be paid for services rendered. If I were you, I'd go ahead and work until the date that you have already told them and then take them to small claims court for the amount they owe you. Of course, this is assuming that you have kept accurate records. You would need those in court. And, I'd also tell your other clients ahead of time what is going on to reassure them that you are doing this as a last resort.
Small claims does not mean anything
in Atlanta. I do not know how it is in your town but I filed 1 and told right up front it was up to me to collect, even if I won. I think it was a complete waste of my time- the fellow had no checking acct, no home in his name, nothing that I could go after.
Small Claims
Don't forget to ask for filing fees and court costs. The judge can't give them to you if you don't ask for them. And you will win.
Small claims will not help you sm
I've wasted my time with that - after you win nobody makes them pay you.
small claims SM
Don't waste your time and hope. No one makes anyone pay anything from small claims.
Small claims court
Write a final demand letter, registered, signed receipt requested and tell them that you are seeking legal action against them and will be seeing them in small claims court. Whatever state their business name is registred, go online and see who are the registered owners and their addresses, etc. and send copies of letters to all. Give then 14 days (10 working days) to respond and if they don't file in small claims court. Hopefully you have a copy or can get a copy from your back of the checks you deposited so that you can put a lein on their checking accounts when you win in court. Check on line with your state for small claims court as if they are located in another state -- I don't know if that makes a difference. But check it all out. If you can't afford an attorney -- seek legal aide in your city. Good luck.
Thank you both! I am going to file in small claims. nm
x
Try Small Claims Court.
Unless local, and can pursue in small claims, then she will end up sm
spending more money that she will ever get back. Write if off. Move on. Learn from the experience.
I would definitely file in small claims court
against her. Not sure about the subpoena part - I do not know how that works. Believe once you file it is up to the court to notify her. You may not get your money even if you win the judgement but you can then let the credit bureaus know, etc., and eventually it will catch up with her. Best of luck and so sorry you are experiencing this!
Agree with Small Claims Court.
//
Small Claims Court - it's easy sm
a few years back, i worked part-time for a one-woman company who had a psych hospital account. All was great until she went through a mid-life crises, kicked her husband out, got a tattoo, changed everything about her, and then had me doing all the work... the last month i worked for her, she owed me $3,300 and refused to pay... wouldn't answer my calls or her door... so i took she and her company to small claims court... she didn't show up for that either and i was awarded the judgment via default. I filed a wage garnishment with the psych hospital and they promptly terminated her contract... so then i filed a lien against her house and 3 years later when she sold it, i got paid... I did all of this without any help from an attorney - piece o' cake...I had the sheriff's department serve her, which was like $25 or so, and then whatever filing fees, which were minimal... good luck to you!
Got pictures? If so, take 'em to small claims court!
I took my pics and the signed walk-through with me. They were smug throughout, but I won and they had to return a BUNCH of my deposit! It pays to have a rather suspicious minds these days, I guess!
You could take him to small claims to get expenses and pain and suffering.
:+
could you at least file in you local small claims court?
where the employer is located. My local county charges $50 for serving out of state notices on small claim issues. You would stand a greater chance of obtaining a judgement as the chances of the owner coming to your state would be small. Once you get a judgement and failure to pay, you can file a lien against the company. If they ever want to buy anything on credit, it would show up and they would be denied until they paid you, then another 7 years to roll off the credit report.
Sue him in small claims court for breach of contract
x
File a suit i Small Claims Court! -nm
*
Anyone with experience with small claims court in NJ??? I guess I am going to have to go that route
to try and get money that is owed me and to complicate things I don't live in that State. If anyone has any info to offer I would greatly appreciate it. I know times have been tough for some of us but after 9+ years I can't believe it has come to this. Thanks in advance for any help or words of wisdom you can offer.
small mentality usually means small pocketbook
Still make more than you and I but that is deserved. They've put the effort forward and educated themselves.
I do not know how he claims everything, but
I just know he does. He is also a great accountant that has been doing some of my family members' taxes for years as well. I trust him. He gives a guarantee he will back you if you get audited, so I cannot see him doing anything illegal.
Someone there who claims to be a
CMT and she is not either. Scary place.
It claims to be used for tapes, can this be used for wav files also? nm
x
Insurance claims manager...
x
I do insurance claims work
I've been doing it for over 8 years, but unfortunately I'll be losing it to a company who's going to do it digitally (I do tapes) in July. I sort of just fell into it. I knew someone who worked there that knew I needed a part-time job. Have you thought also about just general transcription. There's a board that I frequent that has a lot of companies that do general and legal work. The good thing about a lot of these companies is they're very, very flexible. There are some that don't require any number of lines, reports, etc. If they have work they ask if you'd like it and you can say yes or you can decline. I plan on sending out a lot of resumes to these companies when I'm through in July with insurance work.
so he claims, but kennebunkport, ME and CT is true home...nm
x
Wow, are you dense or what? He claims a bunch of stuff but
you have against thinking that maybe Sherri (SHE) might be telling the truth? It sounds like you have a grudge or maybe you're the guy who took over?
I type fire claims/investigation reports
It's really easy work and pays pretty good. It's also nice to have a break from medical, but some of the reports are really sad to type. I do the work for a local fire chief that has a side business and he investigates a lot of car accidents when the car catches on fire. A lot of times there are fatalities involved, and they usually involve children too. They can get pretty gruesome when they go into detail though. I get paid by the page and most of the time I type depo summaries, which are just highlighted parts of the deposition that I type into a summarized report. I actually put an ad in the local paper for transcription work and got this account. It's only about $400/month, but I do MT part time too.
Instant Text claims compatibility with all word-based programs
I have used it with Word, PowerScribe, ExText, and a program based on MS Office online, the name of which escapes me. Works great.
I agree. Bean-counters desperately wanting to believe the exaggerated claims for SR make them easy
x
TELL EMPLOYER!!
I'm going through the same thing. Twenty years of experience and this career is fast going downhill. Used to make $19 per hour, now can barely make $13 because of MEDQUIST. Even though I do not work for them, they have ruined my paychecks.
As a single mom, I struggled enough as it was. Now, it's absolutely horrible. I work two full-time jobs and have no time for my children (especially my 12yo diabetic son). I hate to change careers, but it looks like I'm going to have to.
I hope to see this all go public someday. I want to see VR and EMR backfire completely!!!! Okay, I don't know if that helped or if will do any good, but I got it off my chest. Thanks and sorry for the rambling. :)
new employer?
do you mind saying who you went to work for? i've been with MQ for a little over 3 years and ready for a change - tired of all of the psychological bullshit that they think we're falling for.
This is also not an employer who has never
not like a company that you never see your employee. I feel that makes it a little easier for some of these companies to do what they do to their employees...Easier when you don't actually have to face someone.
Maybe your next employer.
.
Employer??? An employer
Think about what you are saying. Yes if the painter decides he's going to have to finish another day, so be it. I chose the painter didn't I. I also have the right to tell that painter forget about it and find another painter, and the turn around and call back the same painter who had the better job. It's all business. You cannot control an IC.
Did you ever consider that the employer has a right to use that name, not you?
Some names are trademarked and you could be in more than just a little bit of trouble if a company found something like this and wanted to make an example of the person who did something like that.
Business names are registered to the person/people who use them for their business. They have the right to ask that it not be used when they feel it's not appropriate.
Then why ask how DH could be employer and
x
That is just such bs. An employer should have..at least..
6 months worth of expensives tucked/socked away. Where did these people attend school at??? No way would I go for that. During the contract walk through, I definitely would have specified 2 dates of the month; i.e. 15th and 30th. Anything else is... well...as all job descriptions state at the very end: and to include other duties as assigned.'
The employer is asking for it, so - sm
what do you expect the MT to do? Tell the employer it's not necessary?
It's not. The employer has been, (like many)
,
I would think your employer would
be concerned about HIPPA violations. If someone is hacking into their files, this is major concern. Since it apparently is your personal computer, I guess you could either acquire or request another that would only be for hospital work or try one of the geek services to trace it back. I am afraid this would involve $. Since it involves HIPPA, wouldn't that be a felony? What an unusual problem. I bet they will end up finding out a lot about this guy.
Blue Cross/Blue Shield or Mutual of Omaha - Which company pays off claims the best w/o hassle?
nm
Who was your previous employer? I'm more
interested in making "insane amounts of money" than if an employer is nice to me. That's my personal preference.
Mind telling me who your previous was?
Thx.
I think though with SE the employer has to match the SS but IC is not that way. I rather like SE
status and I know there are some companies that have that but I dont know which ones.
Two accounts at each employer ...
Main accounts are acute care hospital; secondary accounts are clinics. At one employer, haven't typed on secondary account in over 6 months. At other employer, type on secondary maybe 8 hours every other month.
shouldn't you ask your employer
Is your employer hiring?
Thanks for the tips.
so, if your employer is QAing
production and quality are high, why wouldn't they be able to judge your ability without being certified by AAMT who has sold their soul to large transcription companies like Medquist who offshore?
Shouldn't an employer pay
Not doing that is what has made the world go upside down right now.
If I am paid 7/cents a line and my cost of living is based on 12/cents a line plus
benefits, it's almost impossible to keep working for that company who is paying
7/cents a line.
It's pretty simple.
America still demands that we live an "American life style - no sh^t in the rivers, building codes, codes on how many people can live in a dwelling, high insurance rates, etc etc"
well, paying all that and making what a company is paying a peoples who don/'t have those demands is insane.
It's a simple question to our leaders?
Do you want us to live like the third world country? or do you want to give us ability to make salaries to pay for the LIFE STYLE America is demanding we do.
Frankly I'm sick and tired of paying for free loaders of any color. When I saw Laurie Duh (don't know how to spell her name) on Fox yesterday report that one of the homeless from New Orleans........went out and bought a LOUIS VUITTON PURSE
with the $2000 she got..........I STARTED SCREAMING and if I could have gotten my hands around the neck of the idiot who thought it was a good idea to give these people the money in the first place I would have strangled him.........and then I would have done the same to the woman who bought the purse.
I'm sitting here in pain from a bad tooth and no insurance.........and she bought a purse.........LOUIS VUITTON.
p.s. Billfolds in Louis Vuitton start at around $600 and the purses are around $1500 to $5,000.
You have to remember that you have no employer sm
matching your Social Security withholdings.
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