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  1. #1
    Join Date
    Aug 2008
    Location
    Huntsville, AL
    Posts
    1

    Default Business Refusal to Pay Me Minus Expenses

    My question involves independent contractors in the state of: Alabama

    I accepted work with a private investigation agency, contingent on my accepting their policy for a three-week interview process. The agreement is as follows:

    3 WEEK JOB INTERVIEW POLICY

    1. <Company name removed> will provide transportation from the largest airport near the candidate's hometown to the Corporate Headquarters of <Company name removed> in Huntsville, AL, along with food, lodging, and transportation during the three week job interview period. If at any time the candidate decides to quit the interview process and return home, <Company name removed> will front the money for their return trip home; however, these expenditures will come out of candidate's pay.
    2. If candidate quits and chooses to go home early from the three week job interview and veer from the original travel plans, all lodging, airfare, food, gas, any change fees, cancellation fees, and any other interview related expenses will be taken out of candidate’s last check, as <Company name removed> has invested time and money into candidate (background checks, per deum for food, custom id’s, time involving travel arrangements, no show of reservation and thus charged to credit card “hits,” training time with candidates, etc.). If job interview expenditures exceed candidate’s pay, candidate will not be required to pay the remainder of expenses, but nor will candidate receive a check for pay earned.
    3. Candidate will be paid for 8 hours per day, during interview period. This is an inclusive day of work and travel hours. NOTE: If candidate decides after 3 week job interview that he / she does not want the position, or <Company name removed> candidate does not meet requirements of position, then candidate's check (minus expenses explained in #2) will be issued after all expenses have been verified (SEE #7 – Last two sentences).
    4. Pay rate during interview process…Candidate will be paid at the rate of $14.00 per hour during the 3 week interview process.
    5. Pay rate after interview process…if interviewee is offered the job, interviewee will be paid at the rate of $16.00 per hour. After 60 work days, candidate will be paid $17.00 per our and after an additional 60 work days, candidate will be paid $18.00 per hour.
    6. Upon completion of the 3 week job interview, if the candidate and <Company name removed> mutually agree that the candidate cannot accept a position with MPI based on incompatibility or candidate skills, then <Company name removed> will pay for the candidate's return transportation home, after all interview process expenditures have been verified. (SEE #7 – Last two sentences.)
    7. If candidate, after completion of the 3 week job interview, is accepting of the position offered and does not work a minimum of 6 work months, all food, lodging, gas, airline fares or any other expenses associated with the 3 week interview process, will come out of candidate’s last check. NOTE: If candidate quits, all of <Company name removed>’s property (equipment, ID’s, credit cards, and ALL front money) must be returned or there will be an indefinite “hold” on candidate’s check until all property is returned. The last check (provided 3 week job interview process expenses do not exceed last check) will not be issued until 2 credit card billing cycles have passed, as all charges on the credit cards must be verified for authorization. There are generally two cycles of billing that reflect changes from an investigator’s trip.
    8. It is agreed and understood that the candidate is an independent contractor, and not an employee of the agency, in that regard he/she is responsible for their own taxes, insurance (medical and vehicle), etc., until further advised by <Company name removed>. To include any medical expenses incurred while working on the job – personal accident or vehicle accident related.
    9. NO drinking while on or off the clock for <Company name removed>. <Company name removed> is footing the bill for your food, hotel, rental car, etc. and thus, we get to mandate the rules. At all times, while you are interviewing, training, or traveling, you are a representative of Metro, so no drinking (even if you pay for the alcohol yourself) will be tolerated.

    10. If candidate and <Company name removed> mutually agree for candidate to use their own vehicle, <Company name removed> will pay for the gas; however, receipts must be provided to <Company name removed> for verification purposes or the cost of gas will be deducted from candidates pay. <Company name removed> assumes NO responsibility for the candidate’s personal vehicle (ie, damage to vehicle, automobile accidents, flat tires, oil change, etc.)



    This was the agreement I signed with the company. The only thing edited on this is that I have removed the company's name.

    After five days of work, I had been asked to video tape a child playing at a local park. I gave consideration to the moral implications of this, and decided to quit, knowing full well that my check would be minus my training expenses.

    I talked to the company, and let them know why I was quiting, and they agreed with my decision.

    The following day, which was a Sunday, I prepared an invoice, as I was being treated as an independent contractor. This invoice included the expenses I am aware of, which were for my snacks, lunch, and gas. The trainer took me out to eat each night, and paid with his credit card, so I have no record of how much that was. The invoice was calculated as follows:

    8/18/08 8 hours of training @ 14.00/hour 8.00 14.00 112.00
    8/18/08 training expenses per interview agreement* -61.85
    8/19/08 8 hours of training @ 14.00/hour 8.00 14.00 112.00
    8/19/08 training expenses per interview agreement* -50.17
    8/21/08 8 hours of training @ 14.00/hour 8.00 14.00 112.00
    8/21/08 training expenses per interview agreement* -11.89
    8/22/08 8 hours of training @ 14.00/hour 8.00 14.00 112.00
    8/22/08 training expenses per interview agreement* -61.95
    8/23/08 8 hours of training @ 14.00/hour 8.00 14.00 112.00
    * These are the expenses I am aware of, and have billed accordingly. If there is anything you wish to add, please see the note below.






    TOTAL $374.14

    Make all checks payable to Timothy <Last name removed>.
    Total due three business days after two billing cycles of your business credit card, with the next billing cycle being the closest to August 23rd, 2008. Overdue accounts subject to reporting to better business bureau. If you have a dispute with the charges and credits, this must be received by Monday, September 1st, 2008 via certified first class mail, with original receipts showing otherwise, or the amount billed will be considered true and accurate, payable as agreed after two billing cycles.

    I hand delivered the invoice to the company today, Monday, August 25th, 2008. I was promptly told that I had signed an agreement that I forfeit all my earnings if I quit, and I asked to see that agreement. It was the same as shown above. The company representative told me that I was not being paid a dime, and that if I didn't think that the fours nights of eating out did not total 374.14, then I was "shit out of luck."

    How long do I need to wait to go to court, and since they have refused to give me documentation of why I will not be paid, then does that make this invoice final? Can they bring reciepts to court without showing them to me, in order to substantiate their position? I only used gas and food. The only expenses not accounted for are the evening meals. Where do I stand on this? Can I go to the restaraunts I ate at, and request duplicate reciepts? I appreciate your help in this situation.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Business Refusal to Pay Me Minus Expenses

    If I were you I would sue them in small claims court, and let them prove that they don't owe you money.

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