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former company will not pay, please help

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NHLavalanche

Guest
What is the name of your state? Illinois

Recently I was fired after 4 weeks of working. I am under the age 18. The first check was kept, and it would be given to me on the second week. On Saturday, of the 4th week i went to pick up my paycheck. I got it and brought it to the bank. 3 days later I found out the check bounced. I went back to the company, and complained. They said that was before they deposited any money into their account.

So I got another check, this was the one for the last 2 weeks of working. 3 Days later, I found out that this one bounced. When I went back to the company complaining that both check bounced. They denied that they did. I gave them 2 weeks notice, and had them sign a letter including their name, company name, date, signature, and a small paragraph saying:

"John Doe will be payed all Payroll on October 31"

The 2 weeks will be up in a few days. If they don't pay, what should i do to get payed? And also to file a complaint.
 


JETX

Senior Member
You have a few problems here....
First, the bounced checks should immediate alert you to the fact that this company is having financial problems... and may be considering bankruptcy or closure. So, you do NOT want to delay in your actions.
Second, contact your employer and give them THREE days to pay you for all your hours worked. Let them know that if they don't, you will contact your States Dept of Labor and file a 'no-pay' complaint. Then, if they don't pay, go ahead and file the complaint.
 
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NHLavalanche

Guest
the reason i haven't taken immediate actions was because this is a branch, off a very large nation wide company. But thank you for the help. I will be sure to contact them immediatly.
 
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NHLavalanche

Guest
I just got off the phone with my former boss, and now i think i have a more serious problem. He said that if I contact the Labor Dept. he will file for bankruptcy and I won't get payed at all.
 

JETX

Senior Member
Do you really think that your pay issue is enough to force them into bankruptcy?? Of course not. This is just an attempt to scare you into not doing anything. Further, what assurance of payment did he give you if you DON"T file a claim? None??

Simply, in writing, demand your back pay and give them 3 days to get it to you. If they file for bankruptyc (and that will cost them probably more $$ than your pay), they would have done it anyway. If they don't file, then you will at least have a chance of getting your pay.

Here is the Illinois statute:
"(820 ILCS 115/5)
Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee. Where such employee requests in writing that his final compensation be paid by check and mailed to him, the employer shall comply with this request."

and
"(820 ILCS 115/6)
The Director of the Department of Labor, or any other person in the Department designated by him, shall be authorized to assist any employee and act on his behalf in the collection of wages or final compensation due him, provided, however, that the Director, or his designee, may assist a class of employees and act in their behalf in a
class action; or with respect to all employees of the class with respect
to whom payments are due."

and finally (and most importantly, the employers refusal to pay may make him CRIMINALLY liable)
"(820 ILCS 115/14)
(a) Any employer or any agent of an employer, who, being able to pay wages, final compensation, or wage supplements and being under a duty to pay, wilfully refuses to pay as provided in this Act, or falsely denies the amount or validity thereof or that the same is due, with intent to secure for himself or other person any underpayment of
such indebtedness or with intent to annoy, harass, oppress, hinder, delay or defraud the person to whom such indebtedness is due, upon conviction, is guilty of a Class C misdemeanor. Each day during which any violation of this Act continues shall constitute a separate and distinct offense."

So, cut-n-paste the above into your nice 'demand' letter and send it to the employer (highlight the last part about criminal) and then send it certified RRR. Then, if they don't pay, you can file on him/her.

Do NOT take their threats seriously... they are very probably just a tactic hoping that you will go away.
 

Beth3

Senior Member
It is very doubtful the employer will file bankruptcy solely to avoid paying you what to him is very likely a modest amount of money. Yes, I think he probably is having financial problems or else he's just a crook and has found that this scam has worked previously on other former employees as young as you.

Call your State Department of Labor immediately, tell them what's happened with your paychecks and also that he threatened to file bankruptcy to avoid paying you.

Look at it this way - you've got absolutely nothing to lose. He has no intention of paying you anyway and the worst that can happen is that you still don't get paid after contacting the DOL but there's a much greater chance you will be if you call them.

I also suggest you tell your parents or guardian what is going on. You may need an adult to help you. Good luck.
 

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