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Options for a boss who wont pay you?

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PseudoKirby

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Ok, I am in a job, $21 an hour, and he has paid me some paychecks, I have gotten 3 and he still owes me two, he is almost a month late on them now, and I havnt even been to work lately.


I need to get my car out of the auto shop after the accident, they need at least $736 and are charging me $30 a day, I REALLY dont want to lose this car I love this car, and I am pretty sure this is a possibility to losing it.



He hasnt spoken to me in 3 days, in fact he never answers his phone and justs texts me, I havnt actually "talked" to him in 2 weeks even with working from home



Basically is there an easy option for this? I decided to look for another job today and already have an interview with another job in Fremont for pay that is greater than or equal to what I am owed now.

the thing is, he gave me this macbook Air for work... I wonder if its right to sell this to make up for everything..
 
Hmm, you sound like you've had a relationship with this man.
I'd ring his neck if I hadn't been paid, what are you doing? Go get a marshall.
 
Demand payment if he refuses sue, find a lawyer who will do it for contingency. Your boss should have to pay your attorney fees too. If you lose the car you can include that in the lawsuit liability because it was consequence of his nonpayment of the money owed you.

ps

Do not under any circumstances sell the macbook
 
I would not sell the laptop under any circumstances.

You can retain it and refuse to return it until you receive payment, but do not sell it.
 
Don't sell the laptop.

Write down as much information as you can about what he hasn't paid you (amounts, dates, etc). Email him with it. Say "After [some date] I won't be doing any more work until you've paid me what you owe me." After that date passes, quit doing work. Look for another job. Hopefully he pays you, if not you'll need to either give up or get a lawyer or look into other legal alternatives.

Do not just keep working without getting paid, hoping he'll magically pay you everything one day. This can go on for a year or even longer. Give him an amount owed, a date, and after that date quit.
 
Text to schedule a meeting with him. He probably will think it's about the paychecks but you'll say "nooo, it's not about the paychecks LOL" so he will agree to meet with you.

But then, when he meets you, you'll unexpectedly confront him about the paychecks.

This always works.
 
Weenerz said:
Confront him face to face?
Click to expand...

As I have stated before, my regular commute to this job has been 210 miles, 3 hours in traffic, I would like to confront him face to face, but he isnt always in the office, and we recently moved offices, I have the new address, but not a key..
 
Why are people against selling the macbook?

and whats the turnaround for suing? doesnt this take ages?


I really need my car for this other job. and they are charging me $30 a day to store the car.
 
The first time a paycheck is late start looking for other work and tell him that there is a one time one week grace period. Not paid you quit and sue in small claims court.


Don't sell the Mac book yet, but under no circumstances give that back without getting paid.
 
PseudoKirby said:
Why are people against selling the macbook?

and whats the turnaround for suing? doesnt this take ages?


I really need my car for this other job. and they are charging me $30 a day to store the car.
Click to expand...
All kidding aside, I agree that you do that, but you should let him know first.

"yo, my car is in da shop and I'm paying top dolla to keep it there coz you don't give me my money to take it out, bitch! so ima sell your laptop if you don't pay me like today".

You can try to word it a little better if you can.
 
PseudoKirby said:
Why are people against selling the macbook?
Click to expand...

First of all, it may violate a contract that you've signed with him which may override whatever he owes you.

Second of all, if it has private company information on it, you could be in a world of shit.

Third of all, it weakens your position if you sell it because you have no leverage.
 
PseudoKirby said:
Why are people against selling the macbook?

and whats the turnaround for suing? doesnt this take ages?


I really need my car for this other job. and they are charging me $30 a day to store the car.
Click to expand...
Sucks about your car, but you can't sell something that doesn't belong to you. It doesn't matter if he owes you wages. It's against the law. Just because you're in a jam doesn't mean you can steal from people.
 
LuchaShaq said:
The first time a paycheck is late start looking for other work and tell him that there is a one time one week grace period. Not paid you quit and sue in small claims court.


Don't sell the Mac book yet, but under no circumstances give that back without getting paid.
Click to expand...

Right, and it would be stolen property no matter which way you cut it. ...

legal gaf? This isn't the wild west.
 
OP needs the laptop for the compensations.
 
CharlieDigital said:
First of all, it may violate a contract that you've signed with him which may override whatever he owes you.

Second of all, if it has private company information on it, you could be in a world of shit.

Third of all, it weakens your position if you sell it because you have no leverage.
Click to expand...

I can understand the other ones, but I work in IT, I would securely wipe it a couple times and reload the OS.

So it basically means that even if money is owed, the rights of ownership come into play?
 
I had this same situation, boss owed me $1400, I quit and filed small claims, but he never showed up to court. He never answered any calls either. I already had planned to move, I did (lease ran out). Unfortunately I never got the money as I live across the country now.

File small claims, good luck.
 
PseudoKirby said:
Why are people against selling the macbook?
Click to expand...

This question is so silly it's almost mind boggling. Don't you think selling the macbook will put you in a position of disadvantage if you were to negotiate terms with him or a lawyer, or a court of small cases?

Don't sell the macbook. Be rational instead of trying to act out of anger / necessity.
 
PseudoKirby said:
I can understand the other ones, but I work in IT, I would securely wipe it a couple times and reload the OS.

So it basically means that even if money is owed, the rights of ownership come into play?
Click to expand...
YES. Seriously. For example, if your neighbor runs over your mailbox with his truck. That doesn't give you the right to bust his headlight with a bat. You would still get in trouble for that. It's not eye-for-an-eye. You can't just break the law because they did it to you first.

Come on.
 
A company I worked for did some jobs for a guy who had one of his houses burnt to the ground by one of the contractors he hadn't paid. The guy always paid on time, lol.

Oh, a co-worker had a previous employer run up a seven-week tab and then skip town. The guy who burned him lived in a motor home. The co-worker stole the guy's home and ditched it in Mexico.
 
PseudoKirby said:
I can understand the other ones, but I work in IT, I would securely wipe it a couple times and reload the OS.

So it basically means that even if money is owed, the rights of ownership come into play?
Click to expand...

There is no legal court of Kirby. The money, right now, is owed to you. But he, right now, is under no legal obligation to pay you. You can't just decide to sell his belongings, even though he owes you money.

Taking him to court will put him under that legal obligation. Most people settle as they don't want to go to court...
 
The other job in Fremont is not a sure thing, remember your record can make it difficult for them to hire you.
 
I am not in Fremont, the job is, fremont is closer to where I am though.


So what happens to this laptop if I never get paid and he severs contact somehow?

I just REALLY want my car, and I am afraid of running out of time..
 
PseudoKirby said:
I am not in Fremont, the job is, fremont is closer to where I am though.


So what happens to this laptop if I never get paid and he severs contact somehow?

I just REALLY want my car, and I am afraid of running out of time..
Click to expand...

You know what. Sell the laptop. And then post on GAF what happens next lol
 
Randolph Freelander said:
You cannot sell his property. That's theft.
Click to expand...

Can he/she be penalized for more than the value of the object though? I don't know American law but the principle around here is to restitute the original situation. So if the MacBook is worth, say, $1800, she will have to pay him $1800. Since he owes her that anyway, they're even.

I cracked this case successfully and will move on to the next one.

Mia will be revenged.
 
PseudoKirby said:
I am not in Fremont, the job is, fremont is closer to where I am though.


So what happens to this laptop if I never get paid and he severs contact somehow?

I just REALLY want my car, and I am afraid of running out of time..
Click to expand...

That's the CA site.

You keep actively searching for jobs. You file a claim against him for wages owed. And you keep the computer until such a time as you can make arrangements to return it upon termination of your employment or he otherwise requests it back, whichever comes first.
 
PseudoKirby said:
I am not in Fremont, the job is, fremont is closer to where I am though.


So what happens to this laptop if I never get paid and he severs contact somehow?

I just REALLY want my car, and I am afraid of running out of time..
Click to expand...
Your car has nothing to do with the laptop and nothing to do with him not paying you.
 
commedieu said:
Right, and it would be stolen property no matter which way you cut it. ...

legal gaf? This isn't the wild west.
Click to expand...


It's not stolen if he's refusing to return it until he gets paid. He was given the laptop as part of his job so he didn't come to it by stealing it. He can hold it as collateral until he is paid the money that he performed work for as far as I know.


jts said:
Can he/she be penalized for more than the value of the object though? I don't know American law but the principle around here is to restitute the original situation. So if the MacBook is worth, say, $1800, she will have to pay him $1800. Since he owes her that anyway, they're even.

I cracked this case successfully and will move on to the next one.

Mia will be revenged.
Click to expand...

The problem is that he can't just sell it as recompense of his own volition. He would need to go to court and get a proper judgement so that he can legally do that or get some other form of compensation OR he could speak to this guy he works for and get his permission to sell it in lieu of monetary compensation. Should he sell it now, he is selling someone else's property without permission or knowledge which is going to be looked on legally as stealing in my opinion. However, IANAL.
 
PseudoKirby said:
I am not in Fremont, the job is, fremont is closer to where I am though.


So what happens to this laptop if I never get paid and he severs contact somehow?

I just REALLY want my car, and I am afraid of running out of time..
Click to expand...

Do not sell the laptop, it will null and void any future civil matter you bring to court. Also, if his negligence leads to you losing your car because he is not paying you, there is a chance that he 'could' be liable for that as well.

My suggestion? Document this and create a paper trail. Start keeping track/record of all communications, and believe it or not.. texting is better than voice. Text is proof in paper, and your cell phone company keeps text records for months. Get him to admit to being behind and be very clear in communication that you are going to lose your car if he cannot provide the payment he owes.

Also most importantly.. what does your contract of employment state as far as payment? You'd be surprised, there could be some fine writing that allows him to legally do what he is doing. So my advice is to read your contract, create a paper trail and file a civil suite in small claims court.

Do not the sell the macbook, that is theft and if you are caught could face fines and/or jail time. Be smart, outsmart.
 
Aselith said:
It's not stolen if he's refusing to return it until he gets paid. He was given the laptop as part of his job so he didn't come to it by stealing it. He can hold it as collateral until he is paid the money that he performed work for as far as I know.
Click to expand...

It's dubious whether he could hold it as collateral, but setting that aside for the moment, he is talking about selling it.
 
So filing can include working from home hours then? because in the wages not paid is only 48 hours of time on location, and the rest is all working from home


usea said:
Your car has nothing to do with the laptop and nothing to do with him not paying you.
Click to expand...

I know that, I am just trying to figure my shit out. I got the point, not selling it, but I need to get my car out. and suing for wages can take a long while, no?
 
alphaNoid said:
Do not sell the laptop, it will null and void any future civil matter you bring to court. Also, if his negligence leads to you losing your car because he is not paying you, there is a chance that he 'could' be liable for that as well.

My suggestion? Document this and create a paper trail. Start keeping track/record of all communications, and believe it or not.. texting is better than voice. Text is proof in paper, and your cell phone company keeps text records for months. Get him to admit to being behind and be very clear in communication that you are going to lose your car if he cannot provide the payment he owes.

Also most importantly.. what does your contract of employment state as far as payment? You'd be surprised, there could be some fine writing that allows him to legally do what he is doing. So my advice is to read your contract, create a paper trail and file a civil suite in small claims court.

Do not the sell the macbook, that is theft and if you are caught could face fines and/or jail time. Be smart, outsmart.
Click to expand...
well he is paying for my cell phone. my phone is apart of the business phone lines he established..
 
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