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unpaid wages from employer

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L

llvc

Guest
What is the name of your state? NY

I accepted a job offer on July,27. The job positon is full-time employment of Junior Software Developer. I received an offer letter by email. My 1st day of work was Aug,16. I worked for them 6 business days and quit.

During the employment period, I found myself wasn't the right person to do the job, so I resigned. The employer asked me the reason of leaving, and I made up a reason that I got another offer (not accepted) from other company, because I wanted to leave so badly.

The employer got mad when he heard the reason. He tried to avoid to pay me the 6 days wages by mentioning he had provided job training and ethically wrong, etc. Finally, he accepted my resignation and wanted me to bill him as a consulant. Then, he will send me a check on their payday.

Then, I sent him my hourly timesheet by both mail and email. After that, I got no response from them. I called the company many times, but the calls were either routed to voice message or other employees. I can't get to the right person to talk to.

I called the NY DOL, Division of Labour Standard, they told me that they can't help me because I am a profession and hourly rate is higher than them standard.

So, what can I do now? File a claim?
If I do, what would their possible arguments that protecting them from paying me?

Does the reason of leaving matter of this case in NY?

Does the employment relationship matter(employee/consultant)?

Does the email form offering letter matter?

I am depressed and stressed, pls help.
Thanks in advance.
 


Beth3

Senior Member
I called the NY DOL, Division of Labour Standard, they told me that they can't help me because I am a profession and hourly rate is higher than them standard. I've read this before from posters and I just don't get it. I used to think the poster must have misunderstood what the State DOL was saying but I've seen it enough times that I trust you're quoting them reasonably accurately (i.e. they won't help because you're being paid more than minimum wage.) However it still makes no sense to me. You have not been paid AT ALL.

My suggestions are:

1. Call NY's DOL back and ask to speak to a supervisor. I really can't convince myself that there isn't some sort of miscommunication taking place on what the issue is.

2. If NY can't/won't help you, then contact the federal Department of Labor. It's just as unlawful under federal law not to pay you for the days you worked as it is (or should be) under State law. 202-693-4650
 

Beth3

Senior Member
By the way, what would make you think the employer wouldn't mind your telling him that you're quitting after six days for a better offer rather than the truth - that you realized that this job just wasn't going to be a fit for you? You didn't have to give a reason at all but I can tell you employers get plenty aggravated when a new employee quits soon thereafter for a "better offer." Not that I'm condoning your employer's failure to pay you - i's just that you probably couldn't have fabricated a reason that would have been more maddening than that one.
 
L

llvc

Guest
There is a state law http://assembly.state.ny.us/leg/?cl=54&a=9 classify professional employee are not protected by the wage payment provisions. Even though, this doesn't make any sense to me, "Having higher tax rate, getting fewer protection"....

I wonder professional employee are protected by any labor law in NY. :mad:

If I file a claim to the court, will I have a chance to lose?
 

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