How do I go about getting my paycheck from a company that has wrongfully withheld my pay, admitted to their mistake, and actively brushed me off, ignored me, lied<> to me for almost 3 months now? Details within.
I'm located in Los Angeles, CA.
(in advance, sorry about the long-winded explanation)
I was hired a few months ago to a tutoring company that is funded by the No Child Left Behind Act, offering free tutoring services to students of K-12 schools that report below-average scores on standardized tests.
My hiring contract identified me as an independent contractor. The terms of my contract were such that I must complete a minimum number of tutoring hours per student (26, in my case) by the end of the academic school year. Any hours short of the required minimum, I would be required to reimburse the company for $27 per hour (given the company's government contract hinged upon completion of said hours, as was explained to me). I was assigned three students upon hiring.
The pay system is such that, at the end of every month, I would send in sign-in sheets to be filled out during each tutoring session, and I would receive a paycheck in the mail. It happens that I only worked one hour in April, and most the large majority of my hours were worked in May and June, the paperwork for which were to be turned in together (as the school year ended mid-June). So, I was set out to receive all my pay at once.
In a nutshell, the one of my students declined tutoring due to scheduling difficulties (this occurred right after I was hired, upon initial contact with the students parents by telephone). I followed all proper procedures in notifying the company, double checked that I was not being held accountable for that student's hours, and proceeded to tutor my other two students.
HEREs where the problem occurs: Come July, Im waiting for my paycheck and I get an email saying that I did not meet the required hours. Takes about a week or two of back and forth emails to clarify that my neglected hours were the 26 required hours for the student that had canceled already. I explain my situation to the company contact that I spoke with initially, she says that she will pass on my email, and that my case must be reviewed by the company's review panel. The panel finds me at fault. I'm flabbergasted, call and request to speak with a supervisor of some sort.
At this point its been maybe three weeks since I was initially contacted. I speak with the supervisor and explain my situation. I am told that she was the person who reviewed all the cases. She appears to be completely unfamiliar with my case, and upon viewing my file (she said) there was absolutely no mention of my email explaining my situation (the student's cancellation, etc). Says she needs to speak to a supervisor and will get back to me the next day.
Supervisor never gets back to me, I continue to call and am constantly put on hold indefinitely or sent to her voicemail box. After two or three voicemails, 6 attempts at calling, I finally plead with the receptionist/operator (who informs me that this supervisor is now head of the department, and there is no one above her who I can speak with regarding the matter) and get the previous supervisor back on the phone.
I state that "I'm such and such, I've been trying to get in touch with you for a while now". My response: "uh huh". (not even an apology, or hint of recognition? I'm blown away) I re-explain my problem. "Uh-huh. hold on." Puts me on hold about 10 minutes. "Your check will be in the mail on monday." *click*.
So.. Monday was 8/18. It's been more than two weeks now, I still have no word on the check.. could not reach he by phone again. Sent the supervisor a lengthy email (last tues) explaining that my deep frustration has finally worn down my patience, and my courtesy ends with that email. I clearly stated that should I not hear back from her by weeks end, I will take legal action (small claims court)
I'm not one to go back on my word. I am certainly fed up, and clearly their head of department has not shown the courtesy expected of any professional. But, I am thinking about showing up at their office and demanding to speak with said head of department personally and asking for a check on the spot. (is this even a good idea? By demand, I don't mean yell and be unreasonable, I mean I won't leave before I get to speak to someone who can resolve my problem)
Barring that. Can I ask for more damages than the $700 or so they owe me? (in small claims court)
Is there anything in California labor law that gives me some solid ground to stand on? The nature of the company being a mostly by-mail operation, I have very little in the way of paperwork to support my case. At the most, phone records to show I actually did speak with them, and possibly a written statement from the student's parents stating they declined the tutoring.
Could they legally withhold my pay for such a long period of time? Even given that I did receive some 2 paychecks (for the total - the deducted $700ish), they were still received in mid-late August (well after I reasonably expected to receive my pay - their stated turnover time is 2 weeks from receipt of paperwork to mailing the check)
I have no legal experience, am a poor student, and desperately frustrated and unsure about what my next path forward should be.
Any of your input is greatly appreciated, thanks for taking the time to read this.
posted by s01110011 to work & money (13 comments total)
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posted by small_ruminant at 12:47 PM on September 8, 2008