So I was working at this Bar and Grill place in LA.
They got shut down by the health department for not having a health permit. That was on Sept. 29.
The last time me or any of the other employees where compensated was Sept. 20. Our next pay date was supposed Oct. 5. I was told by one of the managers there that the payroll was submitted.
A month has now passed, and I still have not gotten paid. I have heard all types of excuses for them not paying us. They obviously don't have the money. Which isn't my problem. They were all shady owners to begin with. The place had like 5 managers and 10 "investors". Now all of a sudden no one knows when the employees are going to get paid.
I went there today and there was someone in there. He had said they don't have the money. How the hell can that place have no money if so many "investors" invested in it?! He also told me that he doesn't know when they will open or when anyone will get paid.
BULLSH!T.
Is this reason to sue them? Take them to small claims court? I wanted to file a complaint with them with the Dept. of Labor but the man at the desk said it could take months.
I want my $ now.
Any advice (legal and non-legal) will help me greatly.
Thank you! :)
Update:The to man with the long answer. I have another job, 2 actually. I just want the money I was owed since I last worked. Adds up to almost 600. I meant Los Angeles, not Louisiana. I am currently in college etc...
I just don't understand why they haven't been truthful with us. It was a poorly runned placed from the get go. The only reason why I agreed to work for them because I knew one of the "managers/investors". 3 of which have since disconnected/changed their numbers and fell off the face of the earth.
A class action lawsuit sounds peachy, but the long term process does not....
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You won't like it. :(
First, file a complaint with the Department of Labor. In about 20 years, you may get to court. But, since they back the employer in 90% of the cases, you won't even then.
Talk to a lawyer about a civil suit, or a class action suit, by all of the employees, and see what happens. When you so LA, to do mean LA the state, formerly washed away under former Pres. Bush, or LA, the war zone, in CA, where you're lucky to live to see the next day? The state stands a better chance, 50% Socialist, over the city, in a 100% Socialist state.
This is the part you won't like. Cut the loss, find another job. It sucks, but basically the BAR and grill was poorly managed. It may have shown a profit, but when they started cutting corners, like the permit, it means something else was going on. Most likely, someone had their hand in the cash flow, and wanted all they could get fast, which killed the whole flow. The investors, innocent or not, may be in the same boat as you. Their money is gone. For that matter, they may be investigation the whole matter, and keeping it from you and the others. But, my thinking, when the crisis Obama talks about started, someone started to bail, and planned to use this crisis as a reason to see it fail, and clean up. In all my years, most of the businessmen (women) I have met keep two sets of books. One legal, one not. The smart ones know what to cut and what not, and the idiots cut permits and such, that get caught. I've seen it so many times because I used to be the type who got to see all that went on, and was paid to shut up. Usually, private security sees a lot more than what they let on. Even hospitals are doing this crap.
How much were you owed? Say $5,000. or so? Any less, and you won't see it. Court will cost that much, even if you don't have to do anything but testify. You see, by the time the court system gets rolling, you'll have had to take another job. Then, you'll keep missing work as they battle and complain and postpone it for as long as they can. The legal system in the country protects the companies and rich, not the poor. At any point along the way, they can file for bankruptcy or some other legal move that will wipe it all out, including what they owe you. The reason, because they have the money, in most cases, to play this out. You, however, do not. THis is what Credit Card companies, in-spite of Obama, count on. THey threaten, badger, harass, and anything else to get you to pay, pretending you have the same money they do, when they know you don't. It is the SAME game, applied to two different groups. One can afford to play it, the other, you, can't.
Save yourself some grief, cut the loss, and move on. If it goes somewhere or you see the cash, count it lucky and don't look back. And don't go back to work for them. Waiting tables is a bad job in most cases. You're like a hooker. You count on the customers, who are usually good, to pay you because the boss won't, a pimp, who lines up the customers for you. If the customer use you, they walk and you get punished by the boss for the loss. If the boss uses you, it's just like the street, no one cares because it isn't 'skilled labor.' Most who feel this way have NEVER had to do the work before, because they were born with silver spoons in their mouths. Some places can be better, that cater to higher classes of people. But, if it has a "bar" in it, it is only about money. LA, the state, is a tourist zone, and you're just being used. Go to college, move, or do something so you can make a good living and not have to deal with bosses like this. Even the hookers I know are working on a union to keep from being abused. Waiters and waitress' don't even have that right. And 15% is a joke, unless the mean is $100 or more.
If you and the other employees get together and sue as a class action you can probably get liens or attachments placed upon the company property, if not also the personal property of the company president and treasurer, among others.
If you do NOT sue, you will be left twisting in the wind and have to stand in line behind the "secured creditors" when they file for bankruptcy. Do not wait for that. Get legal advice and proceed accordingly.
It relies upon on your state, each and each state has its very own regulation, plus the enterprise has to instruct it with a reliable information, which includes protection cameras, and different witnesses, regularly it particularly is a protracted technique, and various employers does not bypass that a techniques with the technique. do no longer subject, tell your buddy that our regulation protects the criminals.
I think its been made clear you wont get money NOW.
Demanding it and getting alll worked up is only going to cause you grief.
You need to put emotion aside, because it will not get you what you want. You need to be in this for the long fight, by seeking the pay through a process, rather than an immediate payment. Because they have clearly stated they are not going to be doing so.
Call the Department of Labor in your state. They take this kind of thing seriously, and they can sue your employer for you if needed, on behalf of you and all of your co-workers who were also shorted.
"They obviously don't have the money. Which isn't my problem."
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Uh, since you haven't been paid, and they apparently don't have the money, it IS your problem. Just like suing them...if they have no money, what are you gonna get?