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Old 11-16-2005, 03:35 AM   #1 (permalink)
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Help, I am at war

I signed a contract to work in Indiana Oct 2 2005. I worked two weeks. From day one I saw one red flag after another pop up with this placement agency, they are disreputable, lying boldly and outrageously, unprofessional etc. It fast became clear that I wasn't going to fit into the family clique, nor did I want to. However I would have worked at least a month for the income.
After two weeks I received a call terminating me. I was told the project supervisor (from the client co., not the service agency) had requested I be let go. I know this is not true because the call came on a Saturday morning and Wed I received an email from this man addressed to the team. Further it is a breach of contract as the contract requires written two day notice. (Does that mean I am entitled to the payment for those two days?)
But the thing that has me livid is that my paycheck should have been mailed out the first, even indicated to me that it would be overnighted.
I knew the placement company would want to aggravate me, so I let it go for a week. Then I placed professional and courteous calls to the placement agency inquiring and requesting I be paid. They lied and lied and lied. They told me it was the client's fault. Then they told me next time I called they had taken care of it, that the client had mailed the check Monday and they would forward it to me the next day. By Saturday it had not arrived. I phoned first thing Sunday morning and reached the other partner in the placement agency and she told me totally contradictory stories. I called her on this, I said, I have been told so many contradictory stories, should I contact the owner of the client company. Her answer oh, no, no , no. So I told her that I wanted the check overnighted Monday. Yesterday it was Tuesday and it did not arrive. I don't make threats, I don't shoot blanks. Yesterday I phoned and left a message for the 2d in command who oversees the project. I told him that I had received a phone call from Bitch ( I used name) that he wanted me terminated immediately on the 15th and that while the placement company had told me from my first day on the job as well as the last time I called not to communicate with them, I had been unable to resove this through the placement company, my check was now two weeks late and that while I had signed a new contract, because one must carry all expenses (hotel for a month, and everything else) I did not wish to go out on credit (I don't have any) with the amount due me. That I have given up on resolving this through the placement agency and thanked him for any help with this he could lend. Left my phone number. He did not call back.
I know placement slandered me badly to client.

This is a nighmare because I did sign a new contract Nov 2 and they wanted me asap. I do not want to loose this position because I can't get there and it all hinges on that payment. The new company is getting impatient. I can't blame them, so am I and now it has cost me at least a week's income as well being delayed. (When I spoke to the company, they had a past association with disreputable company and have an even dimmer view of them than I, but they can't hold up their project. They told me I would have trouble collecting my money if I would be able to at all. BS!!!!

I have barely slept all night, stressed and livid!!! In my profession there is no hiring around the holidays. I would be screwed. We are living on change now.

My husband and I are happy together, landscaping and enjoying meals and our time together, but this is very serious. He is a disabled vet and receives such a small pension, no one could survive on it.

I am thinking that if the check does not arrive today or I receive a call from 2d man in client company...should I next e-mail the owner today?

I will dig out the paperwork and re-read the contract carefully and phone an retired attorney in the family to see if I can sue for those two days and possibly interest or damages...breach of contract. with what money, I need their paycheck to sue them, how is that for irony?

Look, we sat here with no milk, no sugar, no eggs for four days. And they owe me just over $3600!!!!

I was very close to emailing the main man just now, but decided I am too angry to compose an effective professional letter.

My husband wants to tie her down to the ground, cover her with honey and release fire ants

Any wisdom or advice is appreciated.

Feeling like a codie for letting too much go and not standing up for myself enough. I also in my sleepless night decided to file a small claims against an independent trucker who was illegal, incredibly reckless and messed up my windshield. I wrote him and have other documentation as I also phoned the highway patrol. I wrote him, nicely but asked that he cover the damages and told him that he had nearly endangered our lives. He wrote me a letter back with a threatening tone. Wanted me to call. NO. I am not going to get into a spitting contest or argue and if there is one thing I have learned in my business it is to document everything.

But, shyte, today I am thinking I am going to have to sell off some furniture that we do not plan to keep together.
And there is NO NEED for this. I should have been paid and doing just fine the first of this month.

Hubby is really mad, mad, mad at her; but I figure people like that, they engineer their own demise and it will catch up with her.

This sounds like a vent, but it is more a declaration of war!!

Live/Tena
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Old 11-16-2005, 04:01 AM   #2 (permalink)
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(((Tena)))
Call the main man, and send a CC to all concerned. Document, with copies if possible, your previous attempts to rectify this problem. Request his assistance, and put a date on it when you expect it to be resolved. (Not yesterday! )
Eventually, you will win. But it sure does suck that you have to deal with this. I've had to also, in the past, so I feel your pain.
As far as the other matter - do it all by letter with copies kept, dated.

I sincerely hope this is resolved for you quickly.
Shalom!
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Old 11-16-2005, 04:07 AM   #3 (permalink)
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Thank you!
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Old 11-16-2005, 04:12 AM   #4 (permalink)
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Its A Good Start

Quote:
Originally Posted by liveweyerd
My husband wants to tie her down to the ground, cover her with honey and release fire ants
I really detest people that pull that kind of crap. What ever happened to competence?

Go to the top and dont stop till you obtain desired results. Its hard, but try to get too emotionally invested in these idiots headtrips.
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Old 11-16-2005, 06:48 AM   #5 (permalink)
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Contact your state Department of Employment (or whatever it's called where you live) ASAP. They will put a stop to this crap and it will also go on the companies record. I dont' know how quickly you will get a check, but you will get it. If they are doing this to you, they are doing it to others and need to be put out of business. Best of luck, take care.
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Old 11-16-2005, 06:55 AM   #6 (permalink)
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Persevere Tena....

You never know what next action will bring about a needful outcome.

I am praying for you...
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Old 11-16-2005, 07:18 AM   #7 (permalink)
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here in MA what would work(not sure about your state) A call to the labor board and the Attorney General. Also a small claims filed with the courts as you try to get lost wages because of their not paying and disruption of your schedule.

MA is good in such cases. Not good if you are a business though *LOL*
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Old 11-16-2005, 08:22 AM   #8 (permalink)
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Lightbulb AWW Live...

sorry to see this situation. Hugs amd Prayers.

For a 1 time cash/food help....contact the local American Legion and the VFW.
Both organizations have funds set aside for vets in need.
Here they both will give 250 in cash.
In Pensacola they gave food vouchers at supermarkets.

Check out the Catholic Charities and Helping Hands for assisstance too. Do you have a Salvation Army?

Forward Ho!
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Old 11-16-2005, 09:24 AM   #9 (permalink)
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definately file a formal complaint with your employment board. They need to release the money to you in a 'reasonable' amount of time. As for notice...they are on the hook for whatever is in the contract. Also, depending on the laws of your state (at-will employment, independant contractor laws, etc) you may also be able to recover other expenses for an unlawful termination.

*edit*

Just because it is in a contract, doesn't make it legal. It probably isn't worth your effort checking this, but i've seen some employment contracts that wouldnt' last 2 min. in an actual court, but many people signing it don't know that.

I"m not a lawyer, so don't take everything I say as fact; I just know the laws for a few states well (for similar problems from a few years ago).

-p
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Old 11-16-2005, 02:45 PM   #10 (permalink)
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Thank you all. I am an independent contractor so I don't know if the labor/employment covers this but I can sure try and look it up.

I phoned the main man and he was a total a$$, insulted me and hung up on me.

Guess he and the placement agency deserve each other

I am tenacious, I phoned and left a message for the lady at the placement agency and sent her an email, very professional and courteous but requesting payment without delay.
She is really going to be feeling vindictive when she finds that I contacted her client.
But hopefully she is business savy enough to know that the smart thing to do is pay me off as contractually required.

A very dear friend offered me a loan this morning, as reluctant as I was to take it, I did. It will enable me to get to new job and carry us through half a month. (I have to pay the hotel bills etc and get reimbursed a month later, sigh) I pray that the check does come in to cover the second half of the month, otherwise I don't know what I will do.

My new job is very challenging, complicated and demanding. It is perform from day one or be fired. That is scary and stressful too.
But I did have a good conversation with the VP who chose to hire me and I asked him just what he expected. I am going to have to do some crash studying, (didn't tell him that) but mainly he spoke of the schedule and cooperation and says he expects things to go just fine. I think that first interview with the fire word in it was to see if I was intimidated or whether I had the confidence to do the job. And I can altho' I will have to work extra hard and extra hours at home until I get more proficient. Thankfully, I have resources who are experts that I can call if I get stuck. I have experience, but it is all around this specific task, but I have not done this exact thing before.

I have a plan for my first days work, there will be another man there with the company, who is established and I am sure he will be looking at my competence. So I know exactly what to do that day and the next. And at night I call my associates if I get stuck.

I really want to do well with this company. I very much like the VP and am most comfortable communicating with him as my honest blunt self, instead of putting on the dog. I know he wants me to do well too as he would like to train me in the other side of the fence as well.
This would be an incredible asset to my career, making me far more employable and worth more money.
And it is 1 1/2 hours from my daughter and grandson! I made some income sacrifice for that placement and he also raised his original offer.
I do ask for your prayer and good vibes.
I am going to have to receive that check and I will need all my mental capacities, strength and energy to achieve what I need to with the new assignment.

I feel like I am being thrown into the sea, sink or swim.
Today I am searching for rest and serenity.
Thank you again so very much and from the bottom of my heart.
I am feeling so vulnerable right now.
It is so out of my control getting paid to keep my job for the second half of the month.

I report to the new job the 28th. However I have learned one cannot drive/ride a 16 hour trip and not need two days to recuperate, so we will leave a little earlier and allow for that.
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Old 11-25-2005, 03:57 PM   #11 (permalink)
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Any Followup Results?

We folks that are still learning how to stick up for ourselves need some closure! Heh, heh.
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