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  1. #1
    kithonsus is offline Junior Member
    Join Date
    Feb 2012
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    6

    Paycheck Discrepancy

    State: Ohio

    Here's the scenario.

    I quit my job on April 3, 2012. I gave him a 2 week notice. I worked over 100 hours in march, I don't get paid for the month prior until the 15th of every month, which was yesterday.

    I ask him for my paycheck, he tells me he doesn't have it because his clients haven't paid him. He offers to give me 600$ in cash and pay the rest when he gets it. I tell him no, I want the full paycheck, its unfair to me, as an employee, to hold my paycheck. He texts me today saying he has my paycheck. I go to pick it up, its for 48 hours, less than half of what I worked.

    I want to take him to small claims court, but the problem is, I do not have any records of my time worked. We use a ticketing system called Connectwise to put time on. It is hosted from them, so any records of my time will be there. Unfortunately, he killed my access to CW. I want to take him to small claims court, but I don't know if i can do anything without that info. I called CW and they said they cannot give me the info even though they have my SS#/Name/everything you can imagine on file showing that I worked for him. What the can i do? Can CW be forced to give me the information if the court orders it? Can CW show changes in case he changed 50% of my tickets from my name to his so it looked like i only got 48 hours instead of 100? I just want the money he owes me.
  2. #2
    tranquility is offline Senior Member
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    Mar 2006
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    18,289
    Look especially to the 4th FAQ.

    http://resources.lawinfo.com/en/legal-faqs/wage-and-hours/ohio/what-are-the-rules-on-final-paychecks-in-ohio.html
  3. #3
    kithonsus is offline Junior Member
    Join Date
    Feb 2012
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    6
    Well, he did give me a paycheck. It was just not for the amount that I worked, but I have no way of PROVING that to the courts. I don't have printouts of my time, i just know it is on some database out in cyberspace.
  4. #4
    swalsh411 is offline Senior Member
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    Dec 2009
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    7,897
    He will need to provide timesheets to justify what he did pay you. Do you think he would submit false documents? Do you have any other way to show you were working during these times you were not paid for? You don't need to provide iron clad proof. You just need to be more credible then he is. Can you prove he offered you $600 cash? That will support your side because it will show he was short on cash and attempted to pay you under the table.
  5. #5
    ecmst12 is offline Senior Member
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    Feb 2006
    Location
    Philadelphia, PA
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    35,279
    Forget court. File a complaint with your state DOL. HE will be required to provide your records to them.
  6. #6
    kithonsus is offline Junior Member
    Join Date
    Feb 2012
    Posts
    6
    Yes I have a text message with him saying I have 600$ cash for you now.

    I was also curious, can I get a court subpeona for the hours worked? I thought I needed a lawyer to get a subpeona since I have no clue about law, I just assumed. But my friend said if there is evidence that can be gotten from a subpeona a court can order it. As I said, Connectwise is a pay-to-use service and the time entry is on their servers, so its not personally owned by my ex-boss. I'd imagine they have all records of my time entry
  7. #7
    swalsh411 is offline Senior Member
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    Dec 2009
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    Yes it is possible but premature at this point. File a complaint with your State DOL.
  8. #8
    smorr is offline Member
    Join Date
    Aug 2002
    Location
    Taxachusetts
    Posts
    345
    Try this website (link). It tells about what to do in cases where paychecks are at issue for your state. While I think contacting the labor department might at least be worth a try, this website appears to show that you'd have to go to court if you're looking for full payment. I wouldn't rule out the labor department, though, as it may just be in your favor as well!

    Good luck.

    http://www.canmybossdothat.com/category.php?id=23&state=OH

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