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Employer Withholding My Pay

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  • 04-25-2007, 07:49 PM
    SthrnSqrl
    Employer Withholding My Pay
    Hello, I am hoping someone can advise me on what I should do. Here's my situation:

    I was hired by a security company who does private investigations, also. I was assigned a case, in which I was to *get the dirt* on a cheating wife. I was to be compensated for my mileage, as well as my hours.

    I was given a small advance up front, as is customary with the company (to cover initial expenses). After completing the assignment, I was told that they would contact me in a couple of days about my pay. I had to turn in my report, detailing my actions, the actions of the subject I was following, and my hours and mileage. Supposedly, the couple of days was to give them time to calculate my wages.

    After no calls from them, I called my immediate supervisor, and left 3 different messages. He wasn't answering. So, after almost 3 weeks of waiting, I finally found him face to face this weekend. I was told that the client (Husband of cheating spouse) had been giving thought to taking the wife back, and decided that he didn't need a PI. Also, apparently, the client wanted his money back that he had paid to the firm.

    I was informed that they can't pay me until they know for sure what's going to happen with the money he already paid them.

    My thoughts are this: I was hired to do a job. Pay was agreed upon. I did the job. I want to be paid. It's not my worry how they deal with the client, as this is not my responsibility. I spent nearly two weeks, spending money out of my own pocket for fuel, many many hours of my own time, and I want to feed my family. What can I do?
  • 04-25-2007, 11:53 PM
    cbg
    Re: Employer withholding my pay
    Were you hired as an employee or an independent contractor? It makes a difference what options you have. (You have options either way; they're just different.)
  • 04-26-2007, 07:44 AM
    SthrnSqrl
    Re: Employer withholding my pay
    You know, honestly, I'm not sure I can answer that. It had been discussed sevaral times, them hiring me, but never whether it would be employee, or contractor. He had me fill out an application through the company to get licensed as a PI in the state.

    Again, at this point, I just can't say. I realize the options will be different, but can you give me an overview for either contingency? The state, btw, is GA. Thanks for taking time to reply.
  • 04-26-2007, 10:52 AM
    cbg
    Re: Employer Withholding My Pay
    Since you don't know if you are an IC or an employee, and considering that you are in GA (which has very weak wage and hour laws) your best bet in either contingency is small claims court.

    IF you are an employee, an alternate possibility is the state DOL, but in GA, small claims is probably a more viable possibility for you. If you are an IC, small claims is about your only options.

    The above assumes that the amount you are owed is within the limit for small claims. If it exceeds it, contact a local attorney about a civil suit of another type.
  • 04-26-2007, 11:19 AM
    SthrnSqrl
    Re: Employer Withholding My Pay
    Thanks, CBG. I contacted an attorney this am...actually, 2 attorneys, and they reccommend I go by the magistrate's office and start the small claim petition asap. I plan to call the employer again this afternoon, and give him the option to pay me. Then, if he still refuses, I'll inform him of my intentions.

    Again, thanks for the advice.
  • 04-27-2007, 07:48 AM
    US Citizen
    Re: Employer Withholding My Pay
    If you filled out an I-9 form where you had to provide two forms of ID along with your SS#, instead of just providing your SS#, then the company has hired you as an employee. Also, the situation you describe sounds like an employee, primarily because you reported to a supervisor, but that doesn't mean the company could not be pulling a fast one and treating you like an independent contractor.

    You should know that your wages as an employee or compensation as an independent contractor are not dependent on the company collecting its fees, unless as an independent contractor, or perhaps an employee working on commission, you agreed to this compensation scheme.

    That said, and as previous mentioned, the only two options I see is to complain to the Department of Labor or sue in small claims. In some states, small claims is not available for anything other than contract disputes where a request for money damages is made, as opposed to any other equitable remedy.
  • 04-27-2007, 01:24 PM
    cbg
    Re: Employer Withholding My Pay
    Just FYI, while your information is correct in a general sense, the poster indicates that she has already seen an attorney who agreed that small claims court was a viable solution, and as I have already indicated, the GA DOL is extremely weak on such issues and would almost certainly have referred her to the Federal DOL. The US DOL will only support minimum wage times hours worked assuming that the poster is an employee, and would have done nothing at all in the event that she is an IC.
  • 04-27-2007, 01:42 PM
    US Citizen
    Re: Employer Withholding My Pay
    Aparrently you feel offended for some reason, but there is no reason. I merely offered some additional insight into the situtation and clearly indicated that I agreed with your conclusion that there only seems to be two options. Whether the info is helpful to the OP or not, it may be helpful to some passersby in the future. Sometimes the particiapants on these boards learn a little as well, whether they say so or not.

    I don't claim to have any special or specific knowledge about Georgia, but when I referred to the Department of Labor I was referring to the Georgia DOL and not the USDOL, and assumed you meant the same. While I am sure that the GADOL should be willing to help, I am not sure about the USDOL. But assuming you are right, which means I am not disputing your assertion, we now have a third resource.
  • 04-27-2007, 03:20 PM
    cbg
    Re: Employer Withholding My Pay
    I'm not offended. But I'm not sure I see the point of telling her that some states won't take a small claims case of this type when she's already been told by a local attorney that she can file a claim. I don't see the point of telling her she can file a complaint with the GA DOL when the GA DOL does not take such claims as a general rule.
  • 04-27-2007, 03:27 PM
    US Citizen
    You don't have to see the point.
    You don't have to see the point. I felt that what I had to say was of value so I said it. The fact that you seem to be a little argumentative indicates that I somehow upset you. If you disagree with the latter, don't bother responding, because it is a waste of time to discuss it. But, if you like, I will assume you take exception to my observation and we can be done with this. Ok?
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