mjames2497
Junior Member
What is the name of your state?What is the name of your state? Ohio
First of all the "at-will" law is a farce. Thankfully it is being tested in the courts. I worked as a maintenance man at apartment complex for 3 years as an employee. The property was sold and I stayed on. Recieved my first paycheck and was dumbfounded to find no taxes being taken out. I had heard that the new owners use independent contractors for everything even though they had ALL the control over hours and pay. I was also an important part to the extent that they needed me for maintenance. Keep in mind I was NEVER told I was an independent contractor, nor did I ever sign anything. I waited almost 5 weeks for another paycheck. I made a decision to tell them that I would be in the next morning but if I didn't get a paycheck I would leave. No paycheck I left. Same thing the next day,reported for work,no pay,went home. Got a call later that day saying I had a paycheck. I said I would be into work the next day. I was told not to come to work, I had quit. I said I did not quit! I was not allowed to return to work. The check I received was not what I was owed and I informed them of this. I waited 2 months and then decided to file small claims. The magistrate ruled I was owed this money plus he found that I was indeed an employee. Because the owners did not show up to fight the case, I was not allowed to claim they owed me more than I originally asked for because I was not paid overtime. As of this writing I still have not received a W-2 or 1099 from them. When the new owners took over....it was BEFORE the final sale. For this reason I am entitled to Labor day pay because that was one of the benefits from the owners previous to the new owners. I was actually working for the owners that was in the process of being sold for a month. Before all this happen,I know the owners were happy with my work from conversations I had with people who talked to them. I tell you this because I feel I was set up for someone younger and less pay was hired after I walked off the job for failure to receive a paycheck. I also feel it was a retalitory firing on their part for me doing what I did. It was my legal right to be paid. Any help would be appreciated.
By the way, before the new owners took over the leasing agent and I had a talk with one of them. He stated that all benfits would remain the same. As we found out later,that was not true. Breach of contract??
First of all the "at-will" law is a farce. Thankfully it is being tested in the courts. I worked as a maintenance man at apartment complex for 3 years as an employee. The property was sold and I stayed on. Recieved my first paycheck and was dumbfounded to find no taxes being taken out. I had heard that the new owners use independent contractors for everything even though they had ALL the control over hours and pay. I was also an important part to the extent that they needed me for maintenance. Keep in mind I was NEVER told I was an independent contractor, nor did I ever sign anything. I waited almost 5 weeks for another paycheck. I made a decision to tell them that I would be in the next morning but if I didn't get a paycheck I would leave. No paycheck I left. Same thing the next day,reported for work,no pay,went home. Got a call later that day saying I had a paycheck. I said I would be into work the next day. I was told not to come to work, I had quit. I said I did not quit! I was not allowed to return to work. The check I received was not what I was owed and I informed them of this. I waited 2 months and then decided to file small claims. The magistrate ruled I was owed this money plus he found that I was indeed an employee. Because the owners did not show up to fight the case, I was not allowed to claim they owed me more than I originally asked for because I was not paid overtime. As of this writing I still have not received a W-2 or 1099 from them. When the new owners took over....it was BEFORE the final sale. For this reason I am entitled to Labor day pay because that was one of the benefits from the owners previous to the new owners. I was actually working for the owners that was in the process of being sold for a month. Before all this happen,I know the owners were happy with my work from conversations I had with people who talked to them. I tell you this because I feel I was set up for someone younger and less pay was hired after I walked off the job for failure to receive a paycheck. I also feel it was a retalitory firing on their part for me doing what I did. It was my legal right to be paid. Any help would be appreciated.
By the way, before the new owners took over the leasing agent and I had a talk with one of them. He stated that all benfits would remain the same. As we found out later,that was not true. Breach of contract??
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