Not Paid Hired Wage, or Given Hired Hours

[jusfloein]

What is the name of your state? Florida

Hello, my fiancé works for Sears Parts and Services in Orange Park, Florida. He's been working there for about a month. It took about 4 weeks for him to get his first pay check and when he did they paid him the wrong amount. He was hired at 8.50 but they paid him 7.30 saying that that was the rate he was supposed to be hired at. His boss says he can’t do anything and that he has to go through HR (who we can’t seem to get in contact with). Then, just yesterday his boss told him that they have him under Part Time, even though he was hired at Full time, so he won’t be getting any benefits. His boss said it is because they are not allowed to have too many employees under full time status. I don't think that it’s fair, ethical, or professional that so far he was hired at full time with pay being 8.50/hr, but they are only giving him part time hours at 7.30/hr. It seems that if that’s what he is supposed to get, then he should have been hired at that amount and position, instead being lied to then having everything changed after he was hired. We feel if we only discuss this with them, that he will be fired. Also, there are two other employees that are having the same problem with their pay being short. One gentleman’s pay has been short for about 5 or 6 months. We don't know what to do, or who to contact about this.

Thanks
KristianWhat is the name of your state?

 

[pattytx]

First of all, I strongly recommend you edit your post to exclude the name of the company. Posters have been fired for this.

Secondly, it's very possible (and likely) that your fiance's boss was not authorized to offer $8.50 per hour nor to designate him as full-time. Has he been working full-time hours?

Your fiance (not you) needs to keep trying to get in touch with the Human Resources representative.

 

[JETX]

His boss said it is because they are not allowed to have too many employees under full time status. I don't think that it’s fair, ethical, or professional that so far he was hired at full time with pay being 8.50/hr, but they are only giving him part time hours at 7.30/hr. It seems that if that’s what he is supposed to get, then he should have been hired at that amount and position, instead being lied to then having everything changed after he was hired.

I agree that, based solely on your post, it isn't "fair, ethical or professional".... however, there is nothing ILLEGAL about his rate as it is above the minimum wage laws.

The only recourse he would have is to file a breach of contract lawsuit against the employer and then PROVE that the claims you make (wages, benefits) are accurate.

We feel if we only discuss this with them, that he will be fired.

Very likely... and more so when he files a lawsuit.

Also, there are two other employees that are having the same problem with their pay being short. One gentleman’s pay has been short for about 5 or 6 months.

Not relevant.

We don't know what to do, or who to contact about this.

What to do?? Quit.
Who to contact?? Absent a supervisor... no one. There is no government agency that would consider this.

 

[synesthesia]

Texas

I'm no attorney, but am often told I should be because I can convince almost anyone that my point of view is the correct one.

You are working as an 1099-Misc, which is pretty close to a Private Contractor, though you probably did not sign a contract.

This means you are responsible for paying your own taxes.

There are many benefits to working this way.

1. You can not be told when, what method to use, and how long to work. Your only concern, and the company's only concern, most of which is stipulated by federal law, is results.

You are your own boss.

2. Most companies who have "employees" like you will try and have it both ways.
Want results, provide no benefits, and stipulate what and how they want things done, if they feel you are under performing.

Don't allow this.

Deliver and make them happy...and if not...give notice and walk.

3 Most companies like the one you, (and the one I work for), are run by real entrepreneurs.

There are almost endless opportunities with companies like this because they don't have to adhere to the corporate stiffness, rules, and chain of command structure.

Most are open to any ideas you might have as to how to increase revenue, or about a totally new business venture.

Of course, they usually don't pay any benefits, health insurance, sick days, etc.

 

[fairisfair]

Texas

I'm no attorney, but am often told I should be because I can convince almost anyone that my point of view is the correct one.

You are working as an 1099-Misc, which is pretty close to a Private Contractor, though you probably did not sign a contract.

This means you are responsible for paying your own taxes.

There are many benefits to working this way.

1. You can not be told when, what method to use, and how long to work. Your only concern, and the company's only concern, most of which is stipulated by federal law, is results.

You are your own boss.

2. Most companies who have "employees" like you will try and have it both ways.
Want results, provide no benefits, and stipulate what and how they want things done, if they feel you are under performing.

Don't allow this.

Deliver and make them happy...and if not...give notice and walk.

3 Most companies like the one you, (and the one I work for), are run by real entrepreneurs.

There are almost endless opportunities with companies like this because they don't have to adhere to the corporate stiffness, rules, and chain of command structure.

Most are open to any ideas you might have as to how to increase revenue, or about a totally new business venture.

Of course, they usually don't pay any benefits, health insurance, sick days, etc.

what in the world are you talking about?? Nowhere does the poster indicate that this is a 1099 situation. Your post is completely off base.

Whoever told you that you should be an attorney, was either being nice, or was your mom.

 

[synesthesia]

what in the world are you talking about?? Nowhere does the poster indicate that this is a 1099 situation. Your post is completely off base.

Whoever told you that you should be an attorney, was either being nice, or was your mom.

The way she described the position sounded like a 1099...sometimes called an I-9.

If I was incorrect due to incomplete information...my bad.

Speaking of mothers, did your's ever teach you any manners.

 

[ecmst12]

1099 has nothing to do with I-9. They are totally different and unrelated.

 

[synesthesia]

1099 has nothing to do with I-9. They are totally different and unrelated.

Thanks for responding decently.

I'll now check out what the differences are.

 

[cbg]

I'll tell you what the difference is.

A 1099 is a tax form, provided to independent contractors.

An I-9 is an eligibility-for-work form, required by law to be completed by all employees unless they have been working for the same employer since before November of 1986.

They not only are not the same form, they aren't used for the same purpose or for the same groups of workers.

So I would strongly suggest that you confirm your answers before you make yourself look as much like an idiot as you just did, again.

Any credibility you may have had, just went right down the tubes.

 

[fairisfair]

Thanks for responding decently.

I'll now check out what the differences are.

and when you do, and find out that a 1099 is a method for reporting earnings and an I-9 pertains to eligibility for employment documentation.

 

[fairisfair]

The way she described the position sounded like a 1099...sometimes called an I-9.

If I was incorrect due to incomplete information...my bad.

Speaking of mothers, did your's ever teach you any manners.

Yes, and she also taught to keep my mouth shut when I had nothing relevant to say.

The way the poster described the position sounded nothing like a subcontractor, or any other form of employment that would require a 1099.

 

[cbg]

And you are of the opinion that you are helping when you provide information, without checking its veracity, that is so incredibly wrong?