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carnival,clear fraud

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timdon62

Junior Member
What is the name of your state (only U.S. law)? WA
Hi, I worked for traveling carnival for few years, afted quitting few months ago I looked at laws and accorrding to them Im owed easily 5000 in overtime prolly more but they paid cash took out taxes but gave no statement like required and when i chevked my hours reported they were like half this carnival is fair sized and there is at least 50-100 people that dont know they r owed its clear fraud but dont know how to proceed they are good only records to prove are theirs
thanks Tim
 


cbg

I'm a Northern Girl
If you believe that you have not been paid for all the hours that you worked, your recourse is to file a wage claim with the state DOL.
 

timdon62

Junior Member
If you believe that you have not been paid for all the hours that you worked, your recourse is to file a wage claim with the state DOL.
but they made sure you cant prove hours. The only option i c is to bring a class type action and use the number of people almost all dont even know they are owed this could easily cost them $500,000 and thats cause u can only go back 3 years.They neen doing along time.
 
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timdon62

Junior Member
How long is "a few years"?
I traveled
with for most of 3 seasons they operate 9 months of year in wa,nv,or employing 70-80 people at peak during one 6 week run last summer i easily worked 600 hrs they r reporting 459 for the qtr making it look like just above min wage
 
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cbg

I'm a Northern Girl
but they made sure you cant prove hours. The only option i c is to bring a class type action and use the number of people almost all dont even know they are owed this could easily cost them $500,000 and thats cause u can only go back 3 years.They neen doing along time.
You don't have to prove what hours you worked. They have to prove you didn't work the hours you claim.
 

timdon62

Junior Member
You don't have to prove what hours you worked. They have to prove you didn't work the hours you claim.
Thats what Im thinking,their lack of required record keeping is my proof , i can get double in civil or let state or gov handle and get small portion. Im not crying, about not bieng paid,Im just saying according to the law they owe lots of $ .
 

cbg

I'm a Northern Girl
There is no guarantee whatsoever that you'll get "double" what you're owed if you take this to a civil court. A wage claim will determine what you are owed and order the employer to pay that, and you won't have to pay any attorneys or any court fees.

But since you've already decided that you'll get a huge windfall if you go another way, there's nothing more this board can do for you.
 

timdon62

Junior Member
There is no guarantee whatsoever that you'll get "double" what you're owed if you take this to a civil court. A wage claim will determine what you are owed and order the employer to pay that, and you won't have to pay any attorneys or any court fees.

But since you've already decided that you'll get a huge windfall if you go another way, there's nothing more this board can do for you.
I'm sure your right that some judge or admin. Is going to determine the amount owed but WA L&I says your allowed up to dbl. Even if i get nothing I'll be happy knowing they won't be taking advantage of others for long time.Other carnivals their size are paying min+ overtime these days.they can too
Thank You
 

FlyingRon

Senior Member
Your DOL claim will likely have an effect on them as well. The DOL likely will be watching for future violations.
 

timdon62

Junior Member
Thanks for advice,been inpatient,waited to long to start all of this.Right now is fair season perfect time to catch them.can i file complaints w/wa,or,nv and dol at same time so there will be more people looking over their shoulder.what they do is pure theft but they rob from poor not rich,so nobody cares
Thanks for advice
Tim
 

cbg

I'm a Northern Girl
You file a complaint in the state where you personally worked and did not get paid properly.
 

timdon62

Junior Member
I worked in all 3, they paid my unemploy. To Wa,where i worked the least,but thats where their biggest paydays are.I think my biggest concern is if they are gonna get on this from 1 complaint and no real physical evidence to hand them.
 

timdon62

Junior Member
You don't have to prove what hours you worked. They have to prove you didn't work the hours you claim.
I decided to go to WA L&I next week to ask ? but I got ? about this.How can some1 prove you didn't do something. That seems impossible. Just curious .Just have 1 more ?. On Wa and dol websites r disclaimers saying if we can't make them pay u can still file in federal or state court.How come they can dock my pay but they can't make a biz pay.Just trying to gain some knowledge.
ThanksTim
Thank you Tim
 
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timdon62

Junior Member
You don't have to prove what hours you worked. They have to prove you didn't work the hours you claim.
My apologies sir. I called WA L &I 2day, they have dealt w/company b4(should have known)they told me same thing,turn in some hours and we will make them prove u wrong,if not we will go off what u say.seems they can only collect off individuals,not co. Wide have go to dol 4 that.ihave no records but they dont either,she said just write on paper ur hrs.thats all we need
 
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