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Failure to pay last check. Forced to lie to health inspector?

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ahlanna

Junior Member
What is the name of your state? Maryland

Hey guys. I know there is a similar topic about my state from the last few days, but I have a few questions that are more specific to my situation.

I started working at a pizza shop that just opened. I was hired as a delivery driver.

I worked for the first couple weeks and there were barely any deliveries. I was asked to do other things, which I was fine with. Mopping, cutting meats, etc. Not exactly what I had in mind, but I needed the job.

But during the time I worked there I also noticed many odd things about the owner. Whenever he was in he would tell me to lie to anyone that called in looking for him. He would have services done (t shirts printed, etc.) and write bad checks for them. Then he would ignore the company when they called looking for him. He even told me on several occasions his philosophy about paying people. "I pay people who help me out first. Scratch my bad and I'll scratch yours. Forget everyone else. They're all scam artists."

After the first two weeks all the other employees quit for various reasons. Sexual harassment, rumors about how we weren't going to get paid, stricter rules. Then the time our first paycheck should be given to us comes, and there is no check. They claim that they said it was supposed to be the following Friday. However, all the employees know that it was supposed to be that day. I bite my tongue again because I need the job.

The next week we get our checks somehow from Paychex which is a fairly large payroll company I believe. Although no one ever even filled out a W-2 tax form.

The next week comes and I find myself being asked to open the shop up on my own! I am here cooking, ringing people up, prepping food, cleaning, all by myself. I was the only employee left, and the owners slept in very late.

Also, the first day that I was in by myself, the owner left a note (keep in mind I still have the note) that said to open up at the normal time by myself. But to keep the open sign off and the door locked. Only let in customers. If a health inspector comes (wearing a badge, walkie talkie, county car, etc.) comes, tell him we are closed until the owner or a manager comes in.

I was very uncomfortable being asked to lie, which I told the owner. He shrugged it off. I also told him I have never prepared food, or cooked so I am not prepared to run the store by myself. He said its fine also.

Then, one day that week, a contractor comes in and calmly asks for the owner. He says that the owner owes him $3,000 and he has the bounced checks with him. He was very nice and understanding and asked if I could call the owner because he doesn't want to have to take it to small claims court. When I call the owner he tells me that he going to call the cops. He also told me to tell the man to "get the f**k off the property." I tell him that the owner requested he leave and that the owner said he's calling the cops.

The owner called back a minute later to ask if he left. I say no. He is outside now. The owner then says "okay well I told the cops that he threatened you and pushed you. He threatened you right? And gave you a little push?"

I say no he was actually very nice.

To which the owner responds, "well just tell the cops that he threatened and pushed you and was acting crazy. I already told them that he did."

Being asked to lie to the police was the final straw. I tell the TRUTH when the police arrive. After they leave I lock up the store and leave also. I call him and tell him I can't work somewhere where I am asked to lie to the police and health inspectors. I also say I will come drop the key off at his house and ask about my final paycheck. He says that I will get it the next Friday like I am supposed to. I drop off the key and wait.

So Friday I went in. The owners wife hesitates before coming up with what was clearly a lie. "Well... umm... you... you have to come back Monday. We're under new management and we don't handle that... we got a new paycheck company so we don't have the checks today..."

What makes it worse is that I'm in a bad financial spot right now so I was relying on the money (yes bad I know, but I've had a rough year). And Friday was the 28th. My rent is due tomorrow, the 30th. I'm already certain that I won't be paid tomorrow. I have seen how the owners handle people that they owe money to. They lie and tell them what they want to hear just to get them to go away. They never answer their phones. And they rarely even open on time, or some days at all. So its very hard to catch them in the store. Also, the owners are from Florida and are moving back soon. Possibly before Monday even.

What should I do? I know I can contact the DOL, but how long does that take to usually get settled? How about small claims court? I feel that I should also report them to the Health Inspector. I have the note. What should I do?

Pardon my ignorance, and thank you for any help. :)
 


moburkes

Senior Member
All you can do is contact the department of labor. While I know you said that you needed this job, you knew that you weren't getting paid on time, and that the owner was having financial difficulties. So, while you thought you needed that job, your time would have been better spent looking for a job that pays on time. Sorry.
 

Betty

Senior Member
You can either put in a claim with your state's DOL or sue them in small claims court - it's your choice. You can sue for up to $3,000 in small claims court in Mi.
 

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