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Has anyone sued an MTSO in a different state for unpaid wages? sm - Colorado MT

Posted: Apr 17, 2013

I just briefly scanned through the small claim filing rules for here in Colorado, and it looks like I would have to file a claim in her state (Texas). I just wondered if anyone else had done this and if it was worth it. I am an IC and after months and months of never being paid on time, I was smart enough not to work much and so she only owes me a little over $300, but I hate to let her get by with stealing even that much from me. TIA

Unpaid Wages - Colo MT too

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I had the same experience a few years ago, but the company was in Colorado and I would have had to take her to small claims court and if they are out of state, I guess you have to go there. I never did it, wrote it off, but wrote to the accounts I worked on and let them know what she did to me and another MT; the other MT called them and wanted them to pay her for the work she did for them. If you want the aggravation, go for it, but sometimes, you just have to let things go. I did and moved on and only hope she is out of business or doing it all by herself. This is such a wonderful profession, isn't it?

Yes ... only profession I know of where one of the "perks" is that the company sm - Colorado MT

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always pays on time. Who would think that a company wouldn't?!! Even Walmart, as awful as it is, pays their employees.

I may have to chalk it up to a lesson learned if it turns out too expensive to go after her legally. I am told she has already lost the account and she told me she is looking for a job herself, but after the 9,999,999 lies she has already told me, i don't believe a word she says.

Nice to meet another Coloradian (or whatever the heck they are called). :-)

Regarding not getting paid - Old Pro

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Tell her you will rat her out on Twitter, Facebook, and the business sites like Manta. See if she changes her mind! I would also contact the Fraud Division of the Attorney General in your home state and in the state in which she does business. Find out if she has a business license. Do a little digging. You would be amazed what you can find out about people. Good luck. I hope you get paid.

I love your posts -- always full of sensible, sound advice. :-) sm - Colorado MT

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She had me sign a nondisclosure agreement about everything, including payroll practices, so I am not sure what I can do there, but I will do everything I can to make her pay me. Even if it was only $5, it is the principle of thing. I knew her when she was at another company and we remained in touch and I considered her my friend, but obviously I was wrong. Friendship aside, this is business, and it is not just me but the other MTs she has hurt.

Wouldn't that agreement be void if she didn't live - up to the part about paying you?

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Colorado MT - Old Pro

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Thank you for the compliment. I am not sure if the agreement you signed can be enforced by her. I am not an attorney, and I don't pretend to give legal advice, but you might want to run it by a lawyer. It is kind of the same principle that you cannot enforce an illegal contract, as in, if I hire a hit man to kill someone and then I refuse to pay the hit man, he cannot sue me for failure to pay, as the act was an illegal one. I would guess that her failure to pay makes her very vulnerable. Have you contacted the BBB? While they do not enforce laws, no business wants to have a black eye with them. And I do think you are within your rights to do so. She is asking you to sign away your right to speak up for yourself. Surely this is illegal. No matter how you feel about them, the ACLU is frequently helpful in advising about such things. I do hope you get your money. (And I hope she gets her karma, as she undoubtedly will--it always catches up with people, sometimes at the most inconvenient times!)

True! This is why businesses fear the Labor Board.. - because of how deeply they dig! nm

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XX

If (or rather WHEN!) you won, wouldn't the - company have to pay your expenses/court costs?

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You would think that if MTSOs have to abide by - each state"s wage & labor laws, -sm

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that a worker would be able to sue them in the state in which they reside. If it's true that you HAVE to travel to their state, then no wonder they think they can rip us off with impunity.

it's been done a LOT, and sounded not that hard. check the archives, call - your state, check in at the BBB sm

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BBB will get after them as well, just have all your ducks in a row with proof of work down and money amounts owed.

She can be served.

The check is in the mail - Profpat

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again..., but in this case, the deposit. Acct. is lost; bad for us, good for MModal. Guess I will be looking in the classifieds again.

I wrote to her this morning and no response. As for M*Modal ... I never say never, sm - Colorado MT

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But I hope I never am reduced to working for them or Nuance. Of course, obviously, the "little guy" is no better. I could paper my walls with all the e-mails of lies I have received. Sigh.

I had my resume posted on this and another site and I was contacted by a small company in Illinois, so I am starting with them and ready to scrape this business with T off my shoe like something unpleasant I stepped in. Good luck to you!

Small claims court - been there

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Check to see if she signed your contract. Most of the ones I receive they have me sign them but never send me a copy with both signatures, making it a void contract. Also when it comes to small claims in another state, you can file the papers through the mail and attend the hearing via phone. I've done that too and also received additional monies for my troubles. Good luck.

Even if my employer only owed me one cent, - I would still go after it aggressively.

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Good for you! - Old Pro

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I wish everyone would go after these people. They give the good MTSOs (and yes, some of us are good people who help MTs) a bad name. Personally, I think they (the bad MTSOs, not the MTs) should go to jail.

and these solutions...far better message than a walk out - when it comes standing up for self. NM

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/

I got the April 1 payment today -- how about you? Only 2 more to go. nm - Colorado MT

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xx

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