Some of you may have read the "The end may be near" thread.
Well, it just goes from bad to worse.
I need a lawyer. My ex-boss stopped payment on my last pay check. The pay period was for the two weeks ending 11-15 and was stated on my check as such. Apparently he decided to stop payment on the check. I just found out today from my bank.
I called him and he said that since I was paid on a percentage of the company business, he needed time to do an accounting on everything I had been involved with since I started in the position. That way he could make sure I hadn't been overpaid. I have paperwork documenting him owing ME over $10,000 just in sales commisions, not to mention the fact that he paid me a set salary that worked out to be LESS than the percentage of the business by about $3k a month.
I asked him how much time he thought he would need to do this accounting, and he stated "2 months"
At this point I just want that paycheck covered. I have enough other "dirt" on this guy that I could bankrupt him, close the company putting several people out of work, and most likely putting him in jail.
My pay stub says that it is for salary for 80 hours, has the dates I worked, the amount, and the taxes that he took out (which I know have never been paid to the government).
I don't want to go through all this mess. Like I said, I just wanted out before I got connected with all the crap he is/was pulling when all I did was try to save the company.
I guess I am looking for a lawyer I can tell the WHOLE story to, and find out my options. The way I see it, he wrote a check that he didn't have funds to cover. I know this, because he had me hold it for a few days. This has been common practice-get paid on friday, can't deposit it til tues or wednesday... He then stopped payment on the check, making me unpaid for hours I worked. Didn't walmart just get sued for making people work and not paying them for it? On top of that, he never informed me of his intent to stop the payment...
God this is going so horribly bad....
I feel confident that I could win any case brought against him, but I am not that type of guy unless backed into that position.
So, anyone know a good lawyer, preferably on this side of the state?

 

In this case, I really think you need to be "that kind of guy." F**k him harder than he tried to f**k you. That's my $.02.

Sorry, but I don't know any lawyers.

 

Mike,

Sorry to hear about your bad luck with the company going under. Oddly enough my wife just went through the same thing at the company she worked for in Three Rivers. Let's put it this way, the owner wasn't paying the payroll taxes to the government and now the IRS is coming after him personally for the $100k+ in back payroll taxes. So your ex-boss will get screwed bad.

 

Sorry to hear about your mess, unfortunately I am in law school but cannot give legal advise until after I pass the state bar (in 3 years) too bad you don't live around here, I don't know of any good lawyers in your neck of the woods. I know your the type to not want to sue but I say dive in, get a lawyer and sue his A$$ and after your judgement gets paid call the IRS and be a whistleblower! You don't want to not turn him in, it could turn around and bite you in the *** for not disclosing illegal activity and he might place some blaim on you. Especially if you know of illegal activity the IRS would certainly rather you disclose this before someone else does and your forced into questionings and depositions and it could end up being a longer road ahead than sueing him and getting paid then feeding him to the wolves. Thats just my 2 cents.
Look in the phone book and call some law firms, try and find a firm that doesn't get paid until they collect for you, they will take 33.3% of your judgement but you won't have to pay anything if you lose. Sometimes just filing might encourage your boss to get you your check quicker.

 

First off- i am not a lawyer so take whay I'm about to offer with a grain of salt so to speak...

Depending on the amount he owes you and what you're able to prove he owes you, you may have to represent yourself in small claims court. It wouldn't be a bad idea to speak to a lawyer to get som advice, but if the amount is less than $3000 it would have to be in small claims with no attorney present.

All you need is proof (the paystub and your bank records showing the checking activity) and he has to prove why he thinks he doesn't owe you the $. I would also consider adding something in there for punitive damages.

Like I said I'm not an attorney but I have dealt alot in legal proceedings for the jobs I have worked in the past.

 

Call the Defenders or Ruth to the Rescue! I am sure they would love to hear some dirt! Seriously though...call the news stations and get them involved. If you have the proof there is nothing he can do. The more he tries to hide it the more he will be in trouble.

 

Call the Mich state labor relations board, they have lawyers that will do this for you and its free.

 

thanks for the help guys.

Grapes on the vine are saying he talked to his attorney and found he would be best served to recut me a check ASAP.

We'll see what happens

 

Yes,

He is personally responsible for all of the unpaid payroll taxes. The IRS and State Treasury department will bleed him like a stuck pig for those and then the rest of the assets will go to company payroll and secured creditors.

He best play nice or he's going to take a walk with Herbert the pocket protector auditor who will take the position that all the money he owes the IRS and State taxing authorities is just like they stole from Herbert. Herberts get really mean when they don't get their money.

Rick

 

how do i get a hold of them..im in a similair position..i have a boss that just wont pay me period!!