Never Got Paid After Being Hired

[toomuchinfo]

What is the name of your state? Oregon

I was told by the owner to start work a week after I was interviewed. I came to the office, filled out paperwork, was shown where my office would be and was given projects to complete. We negotiated a weekly salary + milage for my commute to work. The owner's wife helped negotiate the salary. It was agreed that there would be times that I should stay at home and work to reduce milage. After my first day, I was told to stay at home for the next day, while the owner and his wife would purchase a computer and some programs for me that was not available at the time. That second day I called in and the owner told me to go around town and look at prices for computers, so I did. The next day after that the owner had to go out of town and left me no other instructions. I went to the office to arrange my new office, as it used to be a storage area. The owner told me to arrange it however I wanted. As I was arranging the office the owner's wife came in and told me she didn't know why I was there and that I should go home. I had made arrangements to use another computer to complete the projects I was assigned. To make a longer story short, I completed the projects and had tried repeatedly to call the owner for further instructions, but with no response. The office kept saying he was either out of town or at a business meeting. I ended up spending two weeks completing these projects. After the second week, I went into the office requesting when I would be paid, as it was arranged I would be paid weekly salary. The secretary calls the owner, and the owner says that I should go ahead and collect unemployment, and they'll call me when they need me.

After a month of waiting for my unemployment claim to be adjudicated. The adjudicator said that when they called the company, they told her that they were planning on paying me for two days worth, but waiting for some paperwork to go through. The adjudicator told me that they can't do this a month after leaving the company, and told me I should file a wage claim with BOLI. I did this and much later I was told that the company has disputed the claim.

What could be the owner's defense in a case like this?
What should I do and/or expect???

 

[StacyLB]

You should expect that they will not pay you unless you pursue legal avenues. That's unfortunate.

I would try sending them a letter stating that they have five days to contact you about rectifying the situation. If you don't hear from then within the five day limit, you will pursue legal action.

It may not get you anywhere, but start with the free stuff!

 

[toomuchinfo]

StacyLB,

Yes, that was one of the first things I did before I even made the claim, telling them they had two weeks to send me a check or else I will persue further actions. Do you think this enough, or should I go ahead and send a letter like you stated to reply within five days, or I will take legal action. I can't afford an attorney; do I need one for small claims?

 

[StacyLB]

Start with the threat--it doesn't have to be true, but it may spur them to action.

Good luck!

 

[toomuchinfo]

Stacy LB,

Does small claims require an attorney?

 

[StacyLB]

It does not in the state of Missouri.

 

[toomuchinfo]

UPDATE

After submitting my wage claim to BOLI, I continuously called every two weeks or so to find out the status of my claim. Not a whole lot seemed to be going on with it, except that it was being reviewed. Last week I found out the employer finally decided to pay my wages that I never received. BOLI told me that they had sent increasingly threatening letters to the employer that if they did not send them the lost wages, the employer would go to court and have to face court fees, penalties, etc., which would cost the employer three times the amount they had owed me had I won my case. The employer paid and BOLI thought that I provided some really good evidence and stated my claim well. The employer even paid the mileage that I claimed.

I just wanted to update everyone on the situation, so that if this happens to some other viewer of this post, they will know that there is hope, so send in your wage claim, and make sure you provide evidence along with the claim like a work journal, witness statements (if you have any), any evidence of work performed. (Since I was working at home part of the time, I had all the work I performed for the employer on my home computer).

Thanks to all who helped me with their advice. This website is the best legal advice forum on the net!