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  1. #1
    Join Date
    Apr 2007
    Posts
    6

    Default 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?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.)

  3. #3
    Join Date
    Apr 2007
    Posts
    6

    Default 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.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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.

  5. #5
    Join Date
    Apr 2007
    Posts
    6

    Default 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.

  6. #6
    Join Date
    Apr 2007
    Posts
    62

    Default 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.

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