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Asad Rahman
Asad Rahman, Lawyer
Category: California Employment Law
Satisfied Customers: 2130
Experience:  Practicing Attorney with 10 years experience
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I started working company in 2011 and they employed me as a

Customer Question

i started working for a company in 2011 and they employed me as a 1099 misc. worker. They are a start up company with private funding and got a couple investors to fund the company but the money was never stable and ran out in 2012 around March and didn't have funding until November 2012. My boss told me to write up a invoice for the hours of un paid wages, payment for any cleaning done as a 1099 extra pay. I made the Invoice up with the correct hours of due I was salary. he didn't except until I took off over 400 hours as he said He wasn't going to pay that Invoice until it was changed. I changed it and he paid me only for half of the salary hours for that year in three payments. One was paid the next year after I kept asking for the rest of my money. i worked that December everyday for 3 months until almost march 2012 moving the company to a new location. At that time in January he made me a full time employee and paid me a bigger salary by 1.50 hourly than what I was making salary. He then in February 1099 my wages and by march of 2013 the company ran out of funds to pay anyone. he made promises that next week we would get paid. He would pay me next funding, next funding but that never came until 2014 March. I worked as much as I could as I was salary and was ready for work. i did work from home, came to office, answer emails weekly, was there whenever he needed me to be and helped with all investor meeting, while looking for work. I cleaned the office, showed up when the alarm system went off even at 2 am in the morning. My kids helped me work there and got paid for their help that day, some of my friends worked for them in helping to edit voice clips and they got paid for the little bit they did. he paid me for my cleaning, catering and odd jobs here and there all 1099 misc. I tried to quit 2 times to get him to pay me, the 2nd time he asked me If I was going to sue him as he was raising his voice. he told me to write an email to him taking it back cause he wasn't going to allow me to quit when i hadn't found anything else. that he would give me some of my wages past due from Marchs wages if I hurried up and wrote that email to him. Him and the inside lawyer who did all hr and payroll told me anytime, maybe next week, we would get funding and get paid. I was never told that they would never pay me my salary for all that time. That all my 1099 and w-2 that are all wrong would be my fault and that when we got funding in 2014 March. My boss called me to tell me he had my money but he only meant what was owed in march and April. that the few checks he did give me where wages paid up and that the company owed me nothing. I was like what he had that look like take it or you get nothing. Then he dropped my wage and made me a part time employee by almost 5.00 hour pay from 22.50 salary to 18.00 until next funding that he had to get everyone back working. that he only got a little and needed it to pay vendors and rent. I still work there then a investor took him to court for spending all the money foolishly and something about interested owed on a promissory note. i got caught up and was told by the company outside lawyer that they need to pay me my back wages. So, it has been two months and the courts settle outside of trial. But I haven't been paid and the inside Lawyer, VP of HR said a month ago to give him the totals in a spreadsheet so I did. Still no pay, he told me not to worry i would be very happy with the out come. i waited, waited, waited and today when i asked if they could please finish all this back pay problem so i could feel comfortable working there and put it all behind us. Oh, he had questions first he says they don't have any emails that prove i was working all that time and since the company changed its email host that him or CEO couldn't find not one email. He even showed me that there was no emails from me to show that I even worked at all . What do i do now??? Pissed, hurt, in debt from it all..
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Asad Rahman replied 1 year ago.

I am sorry for your situation. This is atrocious. I think you are going to have to file a lawsuit for all of the unpaid back wages. You also may have a claim for retaliation when they reduced you to part-time for no apparent reason. This will be the only way to get this company's attention. It may not even go to trial. They will likely settle. Let me know if you have any specific questions or we can talk by phone for an additional charge.