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Ray, Lawyer
Category: Legal
Satisfied Customers: 41504
Experience:  30 years in civil, probate, real estate, elder law
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I was hired as an employee to work at a hourly rate of pay

Customer Question

I was hired as an employee to work at a hourly rate of pay by a partnership based home building and renovating company in baltimore maryland. I was to work forty hours a week at 15.00 an hour, which is 600.00 weekly. I was hired by the partner of the company who retains 55% of the company. I worked all week along side of the the other partner and several of their other employees. At the end of first week, I was told by the main partner that pay was delayed due to his having to cash a proposal deposit. I waited and asked several times about pay the second week. I was told it was coming. In second pay date, once again no pay. I asked about the proposal deposit and was told by main partner it was spent on his bills and necessities. I asked about pay and was told now that if I wanted any of my pay, I had to make it possible for the company to get another draw from customer with which company had contract due to main owner admitting that he took the initial deposit for contract, which was about 59,000.00, and wasted it doing everthing but the contract. Believe it or not, I had nochoice and made the drawl possible. By now it has been over a month no pay. The customer met the main owner and was to pay 10,000.00 and I wss supposed to be paid finally. The main owner came in and announced that he was given 5,000.00 cash and now since customer dudnt pay all supposed to that I had to get him to ne,t draw to get paid. Meantime, I witnessed several employees who were friends of main partner get paid. I talked to lesser partner and found he too was awaiting money, any money that he had been guven was documented in full for going to supplies and the main partners employed friends pay. It turned out that the customer was to give a 10000.00 check to lesser partner to deposit for contract but main partner took customer to bank and got the deposit in cash and it really was 10000.00. The main partner admitted to such and also to having kept and as spent 7000.00 on himself leaving lesser partner with 3000.00 for supplies. At this point job cant be finished and I cant be paid almost six weeks pay. What can I do and what can lesser partner do, for he doesnt want sued due to main partners.taking of contract money nor for breach of contract due ti not being able o finish contract due to the main partner's taking of all monies. Please help, lesser partner and I both are desperate and trying to help each other not be ruined by main partner. What recourse do we have or can we do? Also of note, it is documented and well witnessed that first week I worked 154 hours, not a typo, 154 hours first week authorized by main partner. All weeks following are documented and witnessed to being in excess of 140 hours each and also the lesser partner worked same hours as I did without also being paid along with multiple employees who did get paid, these were friends of main partner. Is there anything we can do,?
Submitted: 2 years ago.
Category: Legal
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
You have a couple of remedies.
You can file a wage complaint here with Maryland Division of Labor and Industry.
This should get the matter investigated and you paid here including overtime.
You always have right to file a civil suit for the amount of the unpaid wages.I think filing your wage complaint here is less costly and I fear you cannot collect on a judgment.
File this now and see if the state forces payment and they may fine the employer as well.
I am so sorry you are having to go through all of this.I know how frustrating this can be, you earned these funds. Thanks again.