Blue World Pools Paycheck was returned to me after I quit They stopped payment on my paycheck Atlanta Georgia
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After quitting the company, (I need to mention that I have already filed a complaint here) they stopped payment on my meager check of 1498.55. I cannot get a returned phone from Sean Warren, Mike warren, or anyone else involved with the company. The girl that answers the phone puts me on hold and then comes back to tell me that they are either out of the office or in a meeting. Infortunatly I wrote checks against this amount and have check carges for overdraft. They have caused me to overdraft my bank account for first time in my life. This company is really really bad news.
Greg
Port Richey, Florida
U.S.A.
1 Updates & Rebuttals
Tim
Valparaiso,Indiana,
U.S.A.
Questions, Advice
#2Consumer Suggestion
Sat, May 10, 2008
Were you an independent contractor or an employee? If you were classified as an independent contractor, did you meet the legal definition of an employee?
The basic difference is that an independent contrator is given a job to do, but the way that he does the job is not heavily controlled by an employer. An employee is subject to close supervision and lacks discretion in how he performs the job.
If you were an employee you can benefit from employment laws such as the Fair Labor Standards Act, which doesn't allow an employer to "dock" your pay.
If you were an independent contractor, you have to resort to contract law, and the employer can refuse to pay you if you didn't perform the job to contractual specifications.
If you were an employee, first check Florida's department of labor (or similar entity) website. See if there is a means whereby you can get the government to act on your case. In Michigan, the Wage and Hour Division of the Department of Labor and Economic Growth can order an employer to pay up.
If this remedy isn't available to you, or if it doesn't work, or if you were an independent contractor, take the former employer to small claims court. Claim either that they violated labor laws by not paying you for hours worked (if you were an employee), or that they breached your contract by not paying you for work performed (if you were an independent contractor).
Either way, ask that the court grant you the amount of the check, plus all the overdraft and NSF fees you incurred as a result, plus the cost of bringing and prosecuting the lawsuit, plus any punitive damages that may be allowed under the law, plus interest.
Best of luck!