Big Bear Lodge ripoff on 2 checks Flat Rock Michigan
I worked for Big Bear Lodge for about 3 weeks. I went thru their training program which is very extensive. I worked a couple of days after training and had to quit suddenly due to transportation reasons. When I went to get my check they said that someone had already came and got it and that it would cost me almost as much as it was worth to replace it. Ok??
1st question, who would they give my check to? 2nd question, why would it be my fault and I have to pay for their mistake. Well, I figured I would just drop it and went on with things. Well a few weeks later I receive a w2 form stating what they had given me. Don't think so.
So I called them back because apparently there was 2 checks I was owed and not just one. Well apparently my other check was also misplaced or already picked up and it would cost so much to replace it. Blah, Blah, Blah. I was ripped off. These people who run this resteraunt do not seem like the type of people to do this. They are, so Beware!
I have moved on since and am over it now but for those of you out there looking to work there, good luck hopefully it works out because if you have to quit, They'll make up some lame excuse to keep your cash. Hey Big Bear lodge owners: It sucks when people have to quit after extensively training them and it isn't all that fair, however things happen and not everyone has as much money as you do so instead of ripping them off be like the rest of the world and take the good with the bad when hiring new employees!
JoAnn
Lincoln Park, Michigan
U.S.A.
4 Updates & Rebuttals
Patricia
Colorado Springs,Colorado,
U.S.A.
Their problem, not yours
#5Consumer Comment
Mon, July 17, 2006
I live in Colorado and I hand out paychecks every week to our employees. The only way I can give anyones check to someone OTHER than the employee whose name is on that check, is if they send a letter signed by them stating I can give it to "John Doe" or "Jane Doe". Otherwise, I am responsible for that check.
What if a couple got in an argument and one of the people went to the others job and got their paycheck? The employer is repsonsible for paying the EMPLOYEE. I was told under no circumstances will I give a check to anyone but the employee unless I have a signed letter stating I can give it to someone else. I need one of these every week if necessary.
Call the board of labor in your state, perhaps they could help.
Timothy
Valparaiso,Indiana,
U.S.A.
I'm not sure about that one Jim
#5Consumer Comment
Mon, July 17, 2006
Jim, I'm thinking (but, like you, am not 100% sure) that a "theft of services" charge would require "malice aforethought."
In other words, the scammer would have to accept the services with a PRE-employment intent to defraud the person/business providing the service.
If the intent to avoid payment arises AFTER the agreement has been formed (and probably after performance has begun), the law probably restricts itself to contractual remedies.
Think about it this way: if I promise to pay you to mow my lawn, but don't intend to actually pay you, and allow you to perform your end of the deal (mowing my lawn), I have procured your services under false pretenses (in other words, I have perpetrated a fraud).
On the other hand, if I enter into the agreement fully intending to pay you but, after you perform, I fail to do so, I am in breach of contract, but have not committed a criminal offense.
You've probably heard the term "no debtors' prison" before. This is a constitutional principle that disallows criminal charges based solely on a failure to pay a debt. Assessing criminal charges in the second scenario above would amount to debtors' prison and is thus unconstitutional.
The "preceding intent" vs. "subsequently formed intent" also has bearing on whether you could bring the claim solely as a contract action, or whether you could also characterize it as a tort. The importance there is that remedies in contract claims are restricted to compensation for actual monetary loss, whereas a tort claimant can get an award that may include punitive damages and other stuff like pain and suffering, emotional distress, etc.
Timothy
Valparaiso,Indiana,
U.S.A.
Don't stand for it!
#5Consumer Comment
Fri, July 14, 2006
Don't quote me on this, but I'm about positive that the law places the liability associated with the mis-delivery of your checks on the employer, not on you.
In non-legalese: it's their problem, not yours, that they gave the checks to someone other than you.
There are a few different fundamental principles of contract and property law upon which I'm basing this educated guess.
My suggestion would be to take the following actions. Mind you, this is personal (not LEGAL) advice, and should therefore not be relied upon as competent legal advice.
1) Send your employer a letter stating that you have not received payment for your employment, and that this is due to a misdelivery of your paychecks that was either intentional, reckless, or negligent. Inform them that, as they are at fault for the misdelivery, they are responsible for whatever losses may have resulted. Demand that replacement checks be issued and sent ASAP. Inform them that, if they fail to issue replacement checks, you will file a complaint with the Wage & Hour Division.
2) If they fail to remit payment according to your demand, file the threatened complaint. Here is where you can access the complaint form, complete with instructions (at the end of the form):
michigan.gov/documents/WH43_Employment_Wage_Complaint_Form_R6_29_05_141360_7.pdf
Good luck!
Jim
Flagstaff,Arizona,
U.S.A.
This might help
#5Consumer Suggestion
Fri, July 14, 2006
If you are looking to get your money, I think (but am not 100 percent sure) that michigan has a "Theft of services" law that allows you to charge them with stealing the work you did.
It is NOT your fault that they gave someone else your checks, they are required to pay YOU and you should check with your state Dept of Labor for free help.