Staffing service stopped payment

[MrKez]

What is the name of your state? Illinois

I live in Illinois. On August 22, 2006, I was contacted by a staffing services, based out of Ohio, that needed workers for a 2 day assignment. They saw my resume online. I was told to report to the worksite that night and the assignment would last 2 nights. I would be paid at the rate of 16/hour and my paycheck would be issued two fridays after the end of the assignment. I received email detailing the work to be done and where and what time to report. When I got to the worksite, I called in to the call center to report for work. I was told that I needed a tech id number. I did not receive one, I presume since I was called at the last minute. They told me to work anyway and it would be straightened out. I completed the night's work and the next day I was called asking "why I did not show up?" I told the recruiter that I did show up and worked, but I was not given an id number. He told me that he would email one to me before I had to report for the second night's work. I checked my email before I left that evening, but no id number. I emailed the company saying that I still had not received an id number, but I would be reporting for work. I went throught the same thing with the call in that I did the previous night. I worked my hours, signed a timesheet, and sent my information to the staffing service. I was called a few days later and asked again why I did not show up. I told this person the same story. She asked me for my hours and said ok.

I waited patiently for my paycheck. I called them back a week after my check was due and they said there was a problem with the work order, it will be out soon. I did receive a check, but for only the first night, which was over 2 weeks past their stated timeframe. I called back and asked why. They said that it would be paid as 2 separate work orders. I said ok. A couple more weeks passed and I finally got my check, after many emails and phone calls, on Oct 10. I deposited it on the 11th, and on the 16th the check was listed at my bank as returned. I was charged 10 dollars for this. I first called the company, and had to leave a voicemail. No one returned my call. I then sent a certified letter (which arrived at their office on 10/23) detailing the charges incurred, since I thought their check had bounced. Today I get a letter stating that they had stopped payment on the check because it could not be verified that I actually was there. Now, I did the exact same thing both nights, and they are saying that I cannot be verified as working the second night? I have a copy of my timesheet, plus all the email correspondence. The problem is that the store manager that was overseeing us is no longer with the company for which the assignment was. (We were hired to install new registers at a local retail store). Also, the copy of my timesheet is an unsigned one. My name happens to be in the middle of the list. The person in charge of us contractors was supposed to fax a copy. And now it has been so long that I do not recall his name. I thought that I took a copy with his signature when I left (it was early in the morning and I had little sleep). I do not know how to get in contact with him. What are my rights here? The paycheck is for less than 100 dollars, but with bank fees goes over 100, if that makes any difference.

[Beth3]

You can contact your State's Department of Labor and file a complaint for your unpaid wages.

I honestly don't know whether you're dealing with a reputable staffing agency or whether you've been scammed. All I can tell you is that I would be very dubious about any "employer" who hired you sight unseen after happening across your resume on the internet. That just does not bode well and is not how legitimate employers, including staffing and contract employment agencies, operate.

[MrKez]

The thing is that I had seen them before on careerbuilder and other sites, and I had posted my resume where he said. Since I had seen their ads before for similar jobs, and I needed the money, I accepted. They contracted about half a dozen people to go into the local bestbuy and upgrade the cash registers. I followed the same procedure in reporting my hours for both nights. I got paid for one night, after a long hassle, then a couple weeks later got paid for the second night. A week after I cashed the check they stopped payment, citing that they could not verify my presence onsite. I spoke with the president of the company yesterday, and she said that she had notified me by email that they were stopping payment on the check. I did not receive any such notice. Now I am out the 10 dollars that my bank charged me plus the hours that I worked that I should have been paid. I know that the laws are different for permanent employees and contract workers. Can I post the name of the company? If anyone has had similar experiences with Career Connections Staffing services dba Go2ITgroup or Qualx please let me know.

[pattytx]

Did you complete any paperwork? I-9, W-4 form? If they were hiring you as an employee, they should have had you complete some paperwork; an I-9 is required by law on the first day of work. Did they tell you anything about how you would be paid, taxes deducted, etc.? In California, wages for nonexempt employees must be paid no later than 7 days following the end of the pay period? Was there even a "pay period" mentioned?

Again, doesn't sound like a reputable company to me, either. Just because they advertise on Careerbuilder doesn't make them so.

I agree with the previous advice to contact the Division of Labor Standards Enforcement and file a claim for unpaid wages.

[fairisfair]

Most temporary (short term) agencies have processes in place like you described. You are to submit a completed timesheet, SIGNED by the customer (job location) in order to be paid. This is the only way these agencies have of verifying that you in fact worked those hours, you must understand, the agency, and their representatives are not on the job site and therefore, the client's signature is the only way they have of confirming your work hours, both for payment to you, and for billing the client. You say that you have copies of your timesheets, and they are both signed, as you were instructed, then you need to contact the manager of the agency and advise them of the pay issues that you are having and of your intent to contact the Dept. of Labor. That should set a fire under them.

[MrKez]

I did file i-9s and whatnot. the payment for the assigment was discussed and I was told that a check would be processed on the 3rd friday following completion of the assignment, which would have been september 9. My hardcopy that I left with is unsigned. It was my understanding that the supervisor at the site was to fax the timesheet in. I scanned it (my unsigned copy) and sent it in and got paid for the first night with it. My hours for the night in question are also on there and I should have been paid for both nights, if I were paid for one. I am now in the process of trying to track down the signed copy that I know was faxed somewhere. If I can get my hands on that, then they are in serious trouble. What information should I have in order to file a lawsuit? If I file a lawsuit, can I subpoena the documents that I am missing? Whenever I try to talk to someone, they always say that the documents have already been filed away. In other words, "if it is not on the computer then I am not getting off my lazy ass and finding it".

[cbg]

You don't need to file a lawsuit. All you need to do is pick up the phone and call the state DOL. That's what they're there for.