Gentoo Forums
Gentoo Forums
Gentoo Forums
Quick Search: in
What next?
View unanswered posts
View posts from last 24 hours

 
Reply to topic    Gentoo Forums Forum Index Off the Wall
View previous topic :: View next topic  
Author Message
NotQuiteSane
Guru
Guru


Joined: 30 Jan 2005
Posts: 471
Location: Klamath Falls, Jefferson, USA, North America, Midgarth

PostPosted: Sun Dec 09, 2012 8:24 am    Post subject: What next? Reply with quote

so... I'm whatever stop is beyond livid.

Back in July I got an offer to join one of three teams upgrading the POS equipment for KFC resturants in the Seattle area. The area I was in, I wasn't finding work according to my skill level, so this offered me decent pay and new hunting grounds.

Contract was supposed to be for 16 stores, in 12 weeks. pay was hourly, and no limit on hours.

First few stores went fine. took longest at our first store, got our 4th man at 2nd store.

hours were capped at 12 hours. not really a problem, we've actually averaged 11 hours per install so far. Team 3 was fired. That left our team and the owners team. which, btw, averages 18 hours per install.

With two teams, you'd expect the stores to be re-distributed mostly evenly, correct? nope. not only did the owner take all the installs of the third team, he took half of our stores.

The contract was then extended to include stores in the Portland area

during this time the owner fucked up so bad that the franchise owning all of those stores and most of the seattle stores demanded that he never set foot in any of their stores again. however this was overridden by corporate.

then came six stores in Spokane. the orginal proposal gave our team one store, and expected us to drive our POV's across the state. the entire team refused.

eventually, our team was given all spokane installs, 2 per week. Rental vehicle and hotel would be provided. We requested a full sized 4wd four door truck with ladder rack.

We get to the rental agency to find waiting for us, a minivan. Let me clarify things. As I ride with the team leader, we take his ranger and each of the other guys has a car. on average, each person has 1/2 cubic yard in tool space. The truck has two ladders on top, and the bed is stuffed full with tools, ethernet cable and equipment.

And they gave us a minivan. Without a roof rack.

that problem was cleared up by them renting us a car along with the van. as it was the entire rear of the van, the trunk of the car, and it's back seat were filled. besides our normal equipment everyone also had to bring clothes and toilettries, so that just added to the load.

store 2 got postponed to this week due to the network people not showing up. the drive both ways was fair, as weather was good. this week we did stores 3,4 and 2.

when we showed up at the rental place, we were given a full sized 15 passenger van. This is almost acceptable, it wasn't 4wd, and if the rearmost 2 seats had been removed, we could have packed our stuff in it much more efficiently.

We drove back Thursday. Through Snoqualmie Pass. That was posted "Chains Required". Guess what we didn't have?

We have the last to installs next week. our team lead has- already told us, now that winter conditions have hit, if they don't give us a 4wd vehicle, we aren't going. and the rest of us agree.

but all that doesn't have me livid. it's the pay. or lack of.

the owner stated that he follows "net 21" and we generally could expect to receive payment within 14 days. for the first few installs, that is how it worked. Then payments started being late. he was challanged on the 21 day issue,and claimed that net 21 meant he had up to 21 days to mail the check, not we would receive it in 21 days. One member of our team was 10 checks outstanding at one point. Right now I am three myself.

This consistantly being late on paying us has caused all of us problems. I know not of the others, but I've had to deplete my savings, using it to not only pay bills, but late fees.

But what really gets me in regards to these latest checks in lack of communication about them, despite sending several emails about them. I just sent in my latest invoices or this week, and included a demand that the matter of the missing checks be cleared up before I leave monday to do the final two installs.

He has said if we talked with anyone about issues of payment, problems between KFC, it'sfranchises and the company providing the eqirpment and his company, or any related matter, we would be fired. That's not in the contract, so our team has ignored it.

What helps is that KFC, NRI (franchise) and Agalisys (equipment) all consider our team to be the best in this area. Agalisys wants to hire our team lead direct who then intends to w2 all of us. the problem there is a clause, which i don't beleive would stand up in court, saying we must get permission from our current company owner before taking /any/ job in the next one year after leaving

So, again, what next?

Do I send a registered letter saying "pay what you owe me within 10 days, or i'll take you to small claims court"?

Do I go find a lawyer and have her go after him?

Do I go to the local labor board, and point out not only has he not been paying wages, but we only get re-imbursed gas (no tolls or ferry fees), nor do we get paid for the time between when we finish a job, and we are expected to wait for the store manager to show up? How, because of above mentioned clause,and the fact he has tried to assign each of us specific tasks, we should be considered w2 employees, and are therefore due breaks and lunches, and ypossibly overtime?

Which solution is best? any choice I fear will result in a lawsuit, and will not be resolved quickly

NQS
_________________
These opinions are mine, mine I say! Piss off and get your own.

As I see it -- An irregular blog, Improved with new location

To delete French language packs from system use 'sudo rm -fr /'
Back to top
View user's profile Send private message
Bones McCracker
Veteran
Veteran


Joined: 14 Mar 2006
Posts: 1564
Location: U.S.A.

PostPosted: Sun Dec 09, 2012 10:48 am    Post subject: Reply with quote

Get a lawyer with the other guys. Sue for breach of contract damages, which should include all your back pay and expenses, interest, late fees, compensation for damage to your reputation and credit, and punitive damages. That also gets you out of your noncompete clause, since he broke the contract.

As a starting point, take everything you are collectively in the hole for, multiply by about five. Such cases are usually settled; get everything that's coming to you, get the noncompete nullified, and don't release him from any liability.

Edit: changed "whole" to "hole". Very important to be able to tell your holes apart.
_________________
juniper wrote:
I use ubuntu, which is why I am posting here.


Last edited by Bones McCracker on Sun Dec 09, 2012 7:10 pm; edited 2 times in total
Back to top
View user's profile Send private message
energyman76b
Advocate
Advocate


Joined: 26 Mar 2003
Posts: 2026
Location: Germany

PostPosted: Sun Dec 09, 2012 11:30 am    Post subject: Reply with quote

BoneKracker wrote:
Get a lawyer with the other guys. Sue for breach of contract damages, which should include all your back pay and expenses, interest, late fees, compensation for damage to your reputation and credit, and punitive damages. That also gets you out of your noncompete clause, since he broke the contract.

As a starting point, take everything you are collectively in the whole for, multiply by about five. Such cases are usually settled; get everything that's coming to you, get the noncompete nullified, and don't release him from any liability.


that
_________________
AidanJT wrote:

Libertardian denial of reality is wholly unimpressive and unconvincing, and simply serves to demonstrate what a bunch of delusional fools they all are.

Satan's got perfectly toned abs and rocks a c-cup.
Back to top
View user's profile Send private message
pjp
Administrator
Administrator


Joined: 16 Apr 2002
Posts: 16104
Location: Colorado

PostPosted: Sun Dec 09, 2012 5:59 pm    Post subject: Reply with quote

First call the Department of Labor. I know someone who did that here and it worked out. I forget the details, and it may have amounted to waiting certain amount of time, but it didn't cost lawyer fees. DoL should be able to tell you how long he has to pay you and whether or not he's lying. Personally, I get paid weekly (week delay). No pay, no work.

You can always go to a lawyer after that, and you can always get a free consultation, but I'd prefer to not pay outrageous legal costs if avoidable. You might be able to win those as well, but maybe not.
_________________
lolgov. 'cause where we're going, you don't have civil liberties.

In Loving Memory
1787 - 2008
Back to top
View user's profile Send private message
notageek
Tux's lil' helper
Tux's lil' helper


Joined: 05 Jun 2008
Posts: 120
Location: Bangalore, India

PostPosted: Tue Dec 11, 2012 3:49 pm    Post subject: Reply with quote

IANAL.

Get the new job if you can. Deal with legal stuff, if any, later.

Your current employer is unlikely to pursue this litigiously. Although you might have hard time leaving him and joining the new company in any clean matter. Your current employer could give you bad reference. But you're a free man once your current contract expires.

Also, there is something called "Agreements in restraint of trade." Simply stated means no one can put a restraint by way of an agreement on the kind of trade you want to be in.

And another, an agreement between two parties (you and your current employer) cannot have any restrictions on your relationship/agreement with a third party. Or somesuch.

But most importantly, remember you've read this in an anonymous Internet forum.
_________________
The problem is not the problem. The problem is your attitude about the problem. Do you understand? --Capt Jack Sparrow.
Back to top
View user's profile Send private message
NotQuiteSane
Guru
Guru


Joined: 30 Jan 2005
Posts: 471
Location: Klamath Falls, Jefferson, USA, North America, Midgarth

PostPosted: Tue Dec 11, 2012 6:08 pm    Post subject: Reply with quote

notageek wrote:
IANAL.

Get the new job if you can. Deal with legal stuff, if any, later.


Tonight is our last job for this guy. once we are done with contract, agalysis is already interested inthe team. plan is for our team lead to contract with them, and w2 the rest of us. I did finally get one check I was waiting on.

Tonight is last job for NRI franchise. Unfortuantly when I go to other jobs, I've been now trained in the "Brian Fraizer Zip tie method*". other places might not like that.

NQS

* If you have zip ties left over, you didn't use enough. If you don't have zip ties left, you obviously didn't buy enough...
_________________
These opinions are mine, mine I say! Piss off and get your own.

As I see it -- An irregular blog, Improved with new location

To delete French language packs from system use 'sudo rm -fr /'
Back to top
View user's profile Send private message
pjp
Administrator
Administrator


Joined: 16 Apr 2002
Posts: 16104
Location: Colorado

PostPosted: Wed Dec 12, 2012 4:31 am    Post subject: Reply with quote

Hook & loop. Buy it by the reel. Wrap bundles, and also fasten bundles to things. Zip ties were fine in their day, and may still have uses, but hook & loop is much, much better.
_________________
lolgov. 'cause where we're going, you don't have civil liberties.

In Loving Memory
1787 - 2008
Back to top
View user's profile Send private message
Bones McCracker
Veteran
Veteran


Joined: 14 Mar 2006
Posts: 1564
Location: U.S.A.

PostPosted: Wed Dec 12, 2012 1:31 pm    Post subject: Reply with quote

One can now purchase rolls of thin hook-and-loop tape very cheaply. You can go into Staples or Best Buy and get screwed out of $20 for a handful of little hook-and-loop wraps, or you can go into your local electrical contractor supply shop and buy a 100-foot roll for $7.50.

Zip ties are fast and secure, but no longer appropriate in the age of Gigabit networks (because of the likelihood of crushing cables too tightly together), in my potentially misinformed, layman's opinion.
_________________
juniper wrote:
I use ubuntu, which is why I am posting here.
Back to top
View user's profile Send private message
big dave
n00b
n00b


Joined: 03 Jul 2009
Posts: 0
Location: land of first world problems

PostPosted: Wed Dec 12, 2012 2:16 pm    Post subject: Reply with quote

lawyer up. if you get a judgment and he still doesn't pay you, you can usually get the sheriff to literally lock his doors and seize the building.

here's one that's even nastier, but don't try it until you've retained a lawyer who okays it (he'll see if you have the rights to do it). you may be able to walk in the door, during business hours, and seize the POS equipment. he'd basically be stuck having to pay you right then and there or start paying for a building that can't sell anything. i know a guy who does major corporate networking installs, and when one of the companies was seriously late on payments, they shut the entire network down, walked in and said the company could pay up now with an advance on remaining funds, or they were going to seize the equipment. this all highly depends on your local laws and the contract, so again, talk to a lawyer.

either one is REALLY embarrassing to a business owner and often catastrophic. it's basically saying "this douche is so far behind on his bills that they're seizing equipment." it can often be a death knell for the company as the employees see the financial state of the company directly before their eyes, and everyone starts frantically jumping ship.
Back to top
View user's profile Send private message
pjp
Administrator
Administrator


Joined: 16 Apr 2002
Posts: 16104
Location: Colorado

PostPosted: Thu Dec 13, 2012 12:49 am    Post subject: Reply with quote

Not likely to be legal. He was working for someone else as contract labor to install the equipment for its owner. The owner of the equipment is not at fault for his employers lack of payment.
_________________
lolgov. 'cause where we're going, you don't have civil liberties.

In Loving Memory
1787 - 2008
Back to top
View user's profile Send private message
Display posts from previous:   
Reply to topic    Gentoo Forums Forum Index Off the Wall All times are GMT
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum