I have been working as an employee for Sport and Health since June of 2010 in Maryland. I was not given an employee ID and told I would get paid when I was given an ID #. I was told when i returned from vacation that I did not work enough in June and he would not pay me because he felt I did not work enough and then went on vacation. I worked in July and still did not have an employee ID #, I finally got paid one check with 11 hours for a two week period. Then my next check in August 27th was direct deposit and I did not yet receive an earnings statement. I am pretty sure I am not being paid as I should be. I have a letter that I have not sent yet to the CEO of the company explaining the details to see if he will meet with me or if he can take care of this issue. I don't want to be a Whistleblower, but I am pretty sure they are violating labor laws. This is in the state of Maryland. What advice would you recommend? When I approach my supervisor he either is too busy or like he said before he doesn't feel that he needs to pay me for my work in June, and it's like he is ignoring July pay as well. Below is my letter to the CEO. What do you recommend that I do?J.A.I am writing to you in your position as CEO of Sport and Health. You have seen from my free clinics and client interactions on Saturday mornings that I am an enthusiastic trainer and relate easily to Sport and Health’s members. Even last weekend, one of the “deadest” of the year, I sold 7 training packages. Vernon (Fitness Director for Sport and Heath) told me on this past Monday evening that he needed one more package sold to meet the $10,000 goal. I did it. I give 120% in the jobs to which I commit. I am happy to be a part of the team at Sport and Health and wish to remain here. However, multiple serious problems (from my point of view) need to be addressed immediately in order for me to remain. I have been employed by Sport and Health since the first week of June. I spent a great deal of time initially getting to know the members and what they liked and did not like about the club and its trainers. I left June 25th for a 2 week adventure trip to Peru – as I had informed Vernon at my pre-employment interviews. I worked 3 weeks in June and was told that I would be paid when I received an employee ID number. I returned on July12th to work at S&H and still did not have a paycheck, even though I worked more than the requested 12 hours a week and attended the June 9th “Smart Start” training at Regency. It was explained to me that I still did not have an employee ID number, so I could not get a check. I was assured that eventually I would be paid for my work. I am confused as to why it takes more than a day for a business to issue an employee ID number. But being a team player, I went along even though I had significant bills to pay. I am now very behind in payments and feel that S&H has not honored their promises to me. When I was hired, I was told to sign a form saying that I received an employee handbook. To this day, I have never received one, though it was a condition of employment. I was supposed to be shown how to sign onto the S&H intranet to check emails and view policies and procedures. Yet as of September 1st, I have not been shown. I was told that I would receive $8 an hour for 12 “floor hours” a week. I was told that “Smart Starts” would pay $8 additional per session. I was told that my starting salary for member purchased training sessions would be $44 an hour session and $28 a half hour session. I was told that I would additionally receive a commission for all training packages I sold. This is what I understood when I accepted the job. All along, I have tried to meet with Vernon to correct these issues as they arise. Unfortunately, he is so busy that he never had the time to devote to these issues. It is now September 1st. For my 10 weeks of employment, I have been paid a grand total of $242.49 by Sport and Health. I did not even get reimburse for the poorly paying “Smart Starts”, as just recently I was told there is a special form to fill out - a form that I was never told about before, even at our June 9th seminar. I had originally just sent the names to Vernon as had been requested by him. I have yet to receive any pay stub explaining what I was paid for, how much was gross, and what my taxes were. I have not been paid as promised for my significant work and contributions to the success of S&H. Worse yet, given the dismal state of the orientation and communication I have experienced, I do not foresee how I can ever be paid properly. It is only through the kindness of the other trainers that I learn
State/Country relating to question: Maryland
I have talked to my supervisor and he told me he felt that I did not work enough in june to be paid. He doesn't have Personal trainers punch into the time clock. I was patient because I was told I could not be paid with out an employee id number and that I would be paid when I did get a number.
My director called me into his office and told me that he would not pay me for my work that I had done because he was starting over with me and it was like it was going to be my first day. This is at the end of July 2010. I had already been working part time there since June. They haven't given me an orientation or handbook as promised. I am not sure what to do. I wrote a letter that I haven't mailed yet to the CEO.
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Thank you for using JustAnswer. I am researching your issue and will respond shortly.
Can you tell me if you're an hourly or salaried employee?
I am a personal trainer and I get paid by the number of training sessions that I do. It explained to me that I get 12 hours a week of floor time at a rate of $8. an hour. But, I end up working about twenty plus hours a week. It was also not explained completely how much commission I get on selling training packages.
I also get paid when I put in training sessions that I completed. I get a percentage of what the company charges the client for the session. My boss has been less than helpful in answering my questions completely and being too busy to discuss pay issues.
Can you estimate about how much you make an hour, based upon what you have been paid and how much you have worked?
So far I have been paid only $8. hourly for 11 floor hours and that was the one pay check for 88.00 gross pay I received with the stub. Then I got a direct deposit to my account for $162.49 on the 27th of this month with no stub or earnings statement. I have worked easily over 12 hours weekly for ten weeks.That equates to $960 alone just in floor hours. I have completed 8 smart starts which is an additional $8 per session. 2 one hour training packages. 5 half hour training packages. And I have to date sold 11 training packages. I have received $243. for all this work.
I get $18 for each half hour session and I get $38 for each hour session.
Basically the minimum wage in Maryland is $7.25. What that means is that you have to get paid at least that much per hour, otherwise your employer is violating wage laws.
Now when you stated that you were not paid in June (b/c of vacation) did you get paid for the work that you did in June?
Let me calculate that.
No. I did not get paid. It works out to the total of 580. for working about 20 hrs week in August alone.
Of which i have received $243 to date.
Then you have unpaid wages.
If you are an employee whose wages have been illegally withheld, you have three options under the Maryland Wage Payment and Collection Law (you may only choose one):
*Note on Jurisdiction Claims for unpaid wages must be brought in the state in which the work was performed. If work was performed in more than one state, claims may generally be filed in the state in which the employer maintains its business office-that is, the office where the employee reports to or was hired out of.
Should I try the letter to the CEO or should I get a lawyer.
I would send the letter to the CEO first, and see what happens.
Send a this demand letter demanding payment within 30 days, otherwise you will pursue legal action against him, seeking that amount plus any additional damages as allowed by law. Send this letter certified, return receipt requested, as well as a copy sent regular mail. Keep a copy for yourself, as well as the return receipt number so that you can show the court that you made a demand for the unpaid wages.
Yeah, you don't want to rock the boat, but you also don't want to stay with an employer who is not paying you what you are earning.
Great suggestions. Thank you very much! I will follow your advice. Should I do the wait and see approach with the CEO?
I would. Give him 30 days to fall in line. That's the best way to maintain good will.
If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. Thank you, and again, good luck to you!
Licensed Texas General Practice Attorney
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