A community of 30,000 US Transcriptionist serving Medical Transcription Industry


When a company doesn't pay and you can't afford a lawyer... - wasnotpaid


Posted: Apr 03, 2014

You're pretty much out of luck, right? A company didn't pay me, and I can't afford a lawyer to sue them as I'm flat broke. Do I have any options to get my money?

Legal aid, small claims - Valley Girl

[ In Reply To ..]
How much money? Your local court may be able to give you some information. If you call a law office, perhaps you could get some information w/o having to pay for it.

Thank you nm - wasnotpaid

[ In Reply To ..]
nm

MTSO Nonpayment List (sm) - Rose

[ In Reply To ..]
I'm sorry that happened to you. Hopefully you will get it out of them. It may just take a threat to go to small claims court. You can also notify the admin here. See Company Board/MTSO Nonpayment List.

Thank you nm - wasnotpaid

[ In Reply To ..]
nm

Some ideas - Jill M.

[ In Reply To ..]
I sympathize with you. I did contract work for a company with slow/nonpayment problems. I contemplated a small claims option, since the company was located in a nearby state, but I too was short of funds. In the end I made a proposal to settle for less than what I was owed and to my surprise it was immediately accepted. I don't like the fact I was giving assent to the idea that my work was worth less than what was agreed upon initially, but after this I was able to move on and put the rancor and anxiety behind me. My advice is to keep your correspondence with the debtor polite and professional, concise, and firm. I can't say if proposing a settlement is the right option for you, but I'm just putting it out there as an idea. Best of luck!

Also... - Jill M.

[ In Reply To ..]
If you are not already sending them invoices, then send them, and regularly, by postal mail with an extra service added like signature confirmation. When you interact with them, do not rant, talk about your finances, what bills you can't pay, what kind of jerks you think they are, etc. Be polite, professional, negotiate, and send invoices.

Thanks nm - wasnotpaid

[ In Reply To ..]
nm

when a company does not pay.... - catherine

[ In Reply To ..]
If you are an employee, contact the state labor board where you live...or where the office is if it is in another state. If you are an IC..it is tougher. Legal aid usually only represents people with children who are getting divorced or trying to collect support. You might find a lawyer willing to write a letter for free through the law association...but as an IC it is just tougher. Been there done that you have my sympathy.

wasnotpaid - Nick

[ In Reply To ..]
Here are some options:
1. File in small claims court, if the amount does not exceed the allowable.
2. Were you an employee or an IC? If an employee, go to the Labor Board PRONTO.
3. Write up a single page telling the dates and amounts you should have been paid, etc. Attach that to the copy of your contract with the company and send it to:
A. The Fraud Division of the state in which you reside and,
B. The Fraud Division of the state in which the business is located.
4. If you were an employee and not IC, check with Social Security and the IRS to make sure that she has actually paid them the money she has withheld from your previous checks for that purpose.
5. Go to glassdoor.com and tell your experience. Warn others.

See if that builds some kind of a fire. I would also write to her/him and tell them that they had just 72 hours to pay me (with a cashier's check, NOT a personal one), or I would go to my Twitter account, Facebook, P*ssed Off Consumer, and any other kind of website I could find and rat her out. Don't let her get away with this. Tell her you will take all means necessary to be paid. BTW, many law schools and state bars offer free nights once a month where you can sign up and have free time with an attorney. Here you can sign up for a 30-minute session. That might help you. Finally, if the amount is large enough, turn it over to a collection agency. They will probably take a third or so to collect, but at least you will walk away with something. Good luck to you and fie upon her.

thanks nm - wasnotpaid

[ In Reply To ..]
nm

Dept of Labor or small claims is probably only option - see message

[ In Reply To ..]
Document everything!

If this is an issue of being an IC where you were not compensated at least minimum wage kind of situation, file a complaint with the BBB and the DOL. I had to do that with an old MTSO because I was an IC but wasn't making minimum wage at the time.

Nick had some good points too, do all of those! Good luck!!

Did labor board enforce FLSA for an IC? - Rose

[ In Reply To ..]
If so, that is good news, but I thought minimum wage did not apply to contractors, only employees. Now I'm wondering if MTSOs are firing those who don't make minimum wage fearing action against them. If that is the case, it would be the MTs doing all the free labor required (research, etc)which reduces our income to less than minimum wage.

IDK about that one - see message

[ In Reply To ..]
When I went after my former MTSO through the DOL, I was told that I couldn't prove I was actually at my desk all day waiting for work, even when I documented my time in/out, total hours worked per day/week/pay period and total lines produced divided by total hours worked which equaled $4 an hour, etc. I documented everything including all emails about asking my AM for work and did tons of extra copies and CC and all that. I even sent paystubs showing my $200 paychecks for two weeks of work and it still wasn't good enough. I filed the complaint, followed up constantly, and after 3-4 months got a letter from the DOL stating I wasn't owed any back pay because I was IC and not an employee and my contract "supposedly" had nothing written about minimum wage or any pay except CPL and production. And when I argued that any person working any job that is considering piece rate is to legally be paid at least minimum wage (I sent tons of web pages on this), I was still denied! I got a 2nd job to supplement and then left that MTSO and am now in a better one (but for how long?). I just hope that this situation is not the OPs and she doesn't get the shaft like I did because it was a total waste of time to get paid nothing (and I spent my own money pursuing this, postage adds up!)

BTW, it was ATSI in Florida who screwed me over. AVOID THEM LIKE THE PLAGUE!
Thanks for explaining (sm) - Rose
[ In Reply To ..]
I'm so sorry you went through all that trouble with DOI for nothing. It's things like this that show it's better to be an employee than IC, as long as you don't have a lot of expenses to itemize. Thanks for sharing your experience with DOI.

thank you nm - wasnotpaid

[ In Reply To ..]
nm


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