Complaint Review: Felecia Ray Ortiz of Sphynx Marketing & Promotion - Dallas Texas

I worked for Felecia Ray Ortizs promotional agency, Sphynx Marketing for a Hollywood Red Carpet Event for Magnum Ice Cream on 4/16/2011 in Plano, IL and 4/17 for the Hodgkins, IL location on 4/17/11. Felecia Ray Ortiz sent me improper instructions on how the client wanted to execute the program ad was missing some important points.  I attempted to contact Felecia Ray Ortiz but could not contact her so I had to call the client for further details. This was my first encounter of unprofessionalism on her part. I submitted all paperwork that was needed, showed up to my worksites on time, and did what was expected of me as a Brand Ambassador for Magnum Ice Cream.
 
After executing the program, I received an email on May 25th from Felecia Ray Ortiz informing about delayed payment from the Magnum Ice Cream Program. I was in the process of moving from my place at this time. I inquired about payment on June 30th and she still hasnt received payment from the client. It had been 2 months since not receiving payment (for $128.00) from Spyhnx Marketing.
 
I officially had an address to my new place so I sent an email on August 9th to Felecia Ray Ortiz of Sphynx Marketing and told her to send the checks to the new one. She stated that checks were mailed our 2 weeks prior. I did not receive the checks as my mail usually gets forwarded to my new address. I sent her another emailing stating I didnt receive the checks and if she could void the checks and send me another one to my new mailing address. This was her reply: I will have to check with the bank, which could take some time.  Canceling the check will cost a fee, however I am not sure how much the bank charges for that.

  As a promotional model for 5 years working with credible agencies I have never had to pay for a cancelled check due to mail error.  I had waited patiently for her to contact the bank. I emailed her on September 13 asking her about the update on the situation. In her email she stated, I have checked with the bank and verified that neither check #1058 or #1065 sent to you has cleared.  In previous emails you verified that the address the checks were mailed to be the correct address. It will cost $30 per check in order to cancel them.  This fee will be charged to you.
 
I was also assured of this, as it would be unlawful, as you Stated in her last email, to deduct any monies from a check
that was not received. This is unlawful, unethical, and very unprofessional on her part if she deducted the $30 for bank fees for each check as she claimed.

I then received 2 checks each for $34.00 with wages that have been discounted based on bank fees, which Felecia Ortiz Ray claimed.

I wrote to Ryan Rohde of the Wage Claims Section of the Illinois Department of Labor that based on our situation, "Provisions of the Illinois Wage Payment and Collection Act dictate that said payment be without discount. The fees your employer wishes to charge would not meet this requirement." Furthermore Felicia, you will be subject to Civil and Criminal penalties. Since she has been repeatedly been made aware of the law is likely to apply as stated in the attached Public Act 96-1407 that it "holds officers of a corporation or agents of an employer liable if they knowingly permit the employer to violate the law." When found liable to such discounting actions, which you have openly admitted to in past emails, she will be subject to an administrative fee of $250 and fines of up to $5,000. Also stated in the Act "the penalties are increased from a Class C misdemeanor to a Class A misdemeanor."
 
She continued to knowingly violate the law and withhold wages; I am further moving things forward and exercise all applicable laws.

I attached the following in order to receive the rest of my monies:

Illinois Department of Labor Wage Payment and Collection Act
(WPCA) Public Act 96-1407 (SB 3568) Effective: January 1, 2011

DEPARTMENT OF LABOR

NOTICE OF EMERGENCY AMENDMENTS

TITLE 56:  LABOR AND EMPLOYMENT

CHAPTER I: DEPARTMENT OF LABOR

SUBCHAPTER b: REGULATION OF WORKING CONDITIONS

PART 300

PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION

Wage Payment and Collection Act Advisory

March 4, 2011

ILLINOIS DEPARTMENT OF LABOR

Notice to Employers

January 1, 2011 Amendments