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I/we cannot get paid. Help?? - Tammy
Posted: Sep 13, 2010
I could really use some advice. I worked for a company for 6 months and then quit when accounts were being lost. I am owed over $3000.00 (I quit over 6 months ago). I know of 2 other ICs who worked for this company and the total owed to all of us is over $10,000. We have been given every excuse in the book. We have been told the company has gone out of business, that a AmerAssist loan was being sought in order to pay us, etc. We have contacted the Sheriff's Department in her state about this and they will not assist us. The Small Claims Court amount is so low in that state we would lose all of our money. We are now being told that she is going to file for bankruptcy. She was paid for our work but will not pay us. I don't know where else to turn for help. Any advice?
Is this company... - sm
[ In Reply To ..]Datascript by chance?
Nope.. - Tammy
[ In Reply To ..]It's a company out of Colorado with the initials of ST
If she files for BK - and includes you and others
[ In Reply To ..]you're out of luck unless you travel to Colorado during her BR hearing and testify why you shouldn't be included in the BR.
I'm shocked at how many MT services are shafting their MTs by nonpayment. What dishonest people they must have been all along and now it's coming to light.
Perhaps you and the others could seek legal advice on whether or not 3 of you would qualify for class action suit against her?
Years ago, a company (not MT) owed me $10k. They declared BR. Closed their doors. And opened up the NEXT DAY under a new name and I had no recourse whatsoever to go after the new company.
BR - Tammy
[ In Reply To ..]Do you know of any way to find out if she is filing for BR? It would actually be worth it to me to drive there and meet her in person when and if that happens.I am so disgusted with myself for allowing to be suckered.
I am sorry to hear about your lost money. These companies are shameless.
If she files for BR and lists you as a - creditor
[ In Reply To ..](which she has to if she want to try to get the debt forgiven) you will get a notice in the mail.
It will have the BR petition number, and the date, time, and location of the First Meeting of Creditors. It will also tell you how and where you can go to read the actual petition. It will have instructions on how to contest the debt she owes you being forgiven.
If it is worth it for you to go there, you really should appear at the first meeting of creditors. The bankruptcy trustee will ask if anyone has anything to say and you can go forward and given your testimony.
If she does not include you in the BR, you will have a little more difficulty finding out if she actually filed, but there are ways. A good start would be to contact the clerk of courts in the county she lives in and ask them how you can find out this information. You can still attend the first meeting of creditors (it's open to the public) even if she does not include you and the trustee may allow you to speak. They would be very interested to know that she owes you money and did not report that debt in her BR. BR court is federal jurisdiction, so it would look very, very bad.
Bear in mind that if she does include you in the BR, once you get your notice, you cannot contact her anymore in attempt to collect the debt. If you do, she could actually sue you and you may have to pay fines.
Good luck!
Cannot get paid - Colorado Gal
[ In Reply To ..]I am in Colorado as well and would like to know who this company is. I may have worked for her in the past. Feel free to e-mail me. The one I am thinking of, her first name started with an Amy and she lived in Conifer. She didn't pay me for two months worth of work and I never took it to SCC, which is my fault for not pursuing it.
Cannot get paid either - Trollbaby
[ In Reply To ..]You are not alone. My son and I were working for a company last year and in March we were told to stop working because they lost the account. We are owed money too! We have called the owner of the company several times and he keeps telling us that he does not have any money and this guy owns another company that is still operating. We do not know what to do. Small claims court would not help us because we would have to travel to his area for court and also pay court cost. Something needs to be done about these companies that rip us off!!
Rip off - Tammy
[ In Reply To ..]I cannot believe how easy it is for these companies to close a company and open another and we have no recourse. I did contact the small claims court in CO about this and I might just drive there from WA and file the papers. I may end up spending the same amount I am owed but it would be worth it since this is her MO. I found out just recently that she has been sued 3 times for unpaid wages by local ICs so I know she hired out of the state just for that reason alone. I am not going to go away. I also contacted a local reporter in CO who is very interested in my story so you may want to try the same.
Stay in touch and let's see what we can do to get our money.
ripped off - N/A
[ In Reply To ..]I would investigate lawyers in that area, especially BR lawyers. They will usually take on your case and get paid when you get paid. I think there are even labor lawyers. Also has no one contacted the Better Business Bureau in CO and reported this person.
Not Getting Paid - anon
[ In Reply To ..]First off, I am sorry you got ripped off, it is unfair, but WHY would you continue to work after the first time you did not get paid. I understand we all have to work, as do I, BUT, the first time I didn't get paid I would not be working until I got paid.
anon - Tammy
[ In Reply To ..]Of course... I knew this question would come up and although it is easy for you to ask WHY now, you were not in my position. It was my first MT job and I was told that funds were always forthcoming. She never paid consistently and I was told this by the other ICs who worked for her but I was also told that she would eventually pay. I NEEDED that job as a newbie. It's too bad that people ask this question and place the blame on the victim regardless of how or why it happened. I can assure you that this will NEVER happen to me again and that is why I am trying to alert all other MTs out there about this woman.
What is the company name; we cannot watch out for her if we do not - know who she is
[ In Reply To ..]You say you want to alert other MTs, but you never mentioned the name of the company. All I can figure out is that it is a woman in Colorado.
It is okay to give the company name on this board.
Please give us her name so we can all be informed.
Thanks.
Not getting paid - cindyljoan
[ In Reply To ..]Sorry you guys got screwed.
As an IC medical transcriptionist, the first time I do not get paid, I say tell them, "I will not type another line until I get paid". I've done it before in the past. End of story. You pay your own taxes, insurance, electricity, you are in fact a business.
Can you walk out of Best Buy with a digital camera and say to the manager, "Hey, I'll be back next week to pay for this". NO !
Will a local McDonalds gladly allow you to have a hamburger today if you promise to pay them on Tuesday ? No, they will tell you to get out and will probably laugh at you.
All ICs.. tell your contractors, don't call me or bother me until last week's money is paid up.
As ICs, we aren't making friends in this business, we're making money and business is business.
BBB - Tammy
[ In Reply To ..]ahh.. Another great idea. I will contact the local BBB and report her ASAP.
Thanks!!!
And thank you to everyone for responding.. I really want to see this woman PAY.
some thoughts - amy
[ In Reply To ..]I apologize beforehand if this reply drags on a bit too much but this just pisses me off and it isn't even my money. ARGH!! People that do this should go to jail for stealing. My thoughts...If she does go BK and puts you and the other MT's down as creditors you will receive a notice of when the meeting of creditors will be. That would give you the opportunity to fight the dismissal of the money you are owed. You could probably hire an atty in CO to go to the MOC on your behalf. Also, just a thought, you could have an atty write a letter to her stating you are going to sue which may force her into BK which then may give you the opportunity to go face-to-face with this POS.
I'm wondering if maybe she lied about losing the account. She lied about paying...so why not lie about that. Maybe she has this down to a science and knew time was running out on her end to not pay you and you still to work for her. Maybe you could contact them (the account) directly and just say you wanted them to know what she did to several MT's. If she didn't really lose the account...I'm sure she would then. Not sure what all you can do but I can't (or maybe just don't want to) believe there isn't some way for you to get paid.
I completely understand why you kept working without getting paid. I'm a trusting person by nature...well at least I used to be. Benefit of the doubt kind of situation. Bet you won't do that again. Sad Sad world when you can't get a paycheck you earned. Good luck to you and the other MT's.
thank you Amy - Tammy
[ In Reply To ..]Please don't apologize for your long post. It really touched me that you would take the time to respond at all since I know we MTs are so busy.
I like the idea of calling the accounts and verfying if they are open/closed. Even if they truly are closed I could enlighten them about whom they were dealing with and thus warn them STAY away from her or any other company she opens (and I KNOW she will do this).
Thank you for the ideas and thoughts.. I also really appreciate your empathy.
another thought - Amy
[ In Reply To ..]Another thought!! Yup, this situation put a bee in my bonnet :)
Did/does she run this business out of her home? If she does/did, maybe you could put a lien against her property/home. Not sure if that would work...but might be an avenue to look into.
Again, good luck. I'm sure at some point I will have a brilliant idea - har-har.
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