Never paid, who do I talk to?

virgil · Post by **virgil** » Fri Nov 30, 2012 4:29 pm

I have a friend who started contract work with a company back in early September, the contract included the first paycheck being a normal mailed check and subsequent pay being direct deposit once a bank account is supplied (special thing because they prefer to have ALL pay be direct deposit).

Long story short, they're still working but have yet to get even the first paycheck, let alone subsequent (first one's needed to open an account). Work is being done remotely, as the company is in another state, which is why the friend couldn't just walk into the office to be handed the check. They haven't halted work themselves. Early last week they sent a demand letter stating if they're not sent their full backpay by this Friday, they'll seek legal action. Seeing as today's the last day, and the company hasn't said a thing other than one of the secretaries acknowledging they received it last week, there's a real chance legal action will actually need to be done.

Who would they need to speak to about this to start the process?

Ikeren · Post by **Ikeren** » Fri Nov 30, 2012 6:36 pm

US? Best of luck --- I can help if it's Canada, but since you said "State..."

Grek · Post by **Grek** » Fri Nov 30, 2012 9:44 pm

A lawyer, doofus. You talk to a contract lawyer about seeking legal recourse to violations of your employment contract.

virgil · Post by **virgil** » Fri Nov 30, 2012 10:50 pm

Grek wrote:A lawyer, doofus. You talk to a contract lawyer about seeking legal recourse to violations of your employment contract.

A contract lawyer? That's good to know. Neither I nor my friend are familiar with the legal system, so there was a legitimate question as to what kind of lawyer you speak to for this kind of thing.

The frustrating thing about all of this is that the company is in Fortune 100, and the contract was written with personal input from some of the top execs, so it's not like it can't be afforded or that the contract is completely unimportant.

virgil · Post by **virgil** » Tue May 07, 2013 2:33 pm

They stopped giving work back in early November, and none of the employers/executives ever answered her e-mails or phone calls (got to their secretaries a couple times). According to the e-mail system, they hadn't even
opened any of them. So the lawyer was searched for, taking awhile to even find one that didn't just laugh in their face, and legal negotiations began late January.

My girlfriend's lawyer, after about four months, is throwing in the towel. Apparently the most she can get is from the company is just the backpay, so no contractual severance fee, nothing extra to cover the legal fees of the lawyer (60% thereabouts), and certainly no hardship compensation.

Stupid Disney.

virgil · Post by **virgil** » Wed May 08, 2013 3:16 am

I thought the lawyer was backing out because the time invested on the case was starting to make the likely return not worth it, but now I'm hearing it's because the Mouse is making threats that his job is at risk if he continues to challenge them and he's mildly freaked out by it.

It's starting to sound surreal.

Does anyone have any advice on what she should ask or talk about with her lawyer when she speaks with him again tomorrow?

violence in the media · Wed May 08, 2013 12:07 pm

How is the lawyer's job at risk in this situation?

virgil · Post by **virgil** » Wed Jan 22, 2014 6:02 am

So, after a year of the lawyer taking a hiatus from the case due to Disney being stonewalled on negotiating terms, so the lawyer can do a few quick cases that paid right then...he's stopped responding to my wife's e-mails as of two months ago, claiming to be busy with the December litigation rush or something.

What does she do now? The lawyer isn't responding to her weekly messages (e-mail, one or two phone calls).

Fuchs · Post by **Fuchs** » Wed Jan 22, 2014 6:38 am

Are there any unions that offer free legal help? Or other similar organizations? Magazines or tv programs that focus on such stuff?

JigokuBosatsu · Post by **JigokuBosatsu** » Wed Jan 22, 2014 7:00 am

If a lawyer working for you doesn't respond, talk to the state bar.

Neeeek · Post by **Neeeek** » Wed Jan 22, 2014 8:52 am

What state?

Grek · Post by **Grek** » Wed Jan 22, 2014 9:09 am

virgil wrote:So, after a year of the lawyer taking a hiatus from the case...

This right here is bullshit. Your lawyer does not get to take a hiatus from the case, not for an entire year. I echo JigokuBosatsu's advice, talk to the state bar about this. Fishy business is afoot.

Maxus · Post by **Maxus** » Wed Jan 22, 2014 9:17 am

Not to condone the lawyer's possible misdoing, but this IS suing Disney you're talking about.

And Disney's lawyers are the Nazgul. They don't rest, they're completely loyal to their dread master, and Disney can summon enough of them to blacken the sky.

I think it's depressingly likely that if the Mouse doesn't want to pay, the Mouse can put off paying for seventy years or so by dragging it out in court.

However, by all means, investigate your options re: state bar.

virgil · Post by **virgil** » Wed Jan 22, 2014 2:16 pm

Neeeek wrote:What state?

Live/work in Texas, she telecommuted with Pixar's studio in California.

Longes · Post by **Longes** » Wed Jan 22, 2014 4:52 pm

Sorry, I've got nothing useful to add, but USA still uses checks?

Maxus · Post by **Maxus** » Wed Jan 22, 2014 5:54 pm

As a default, yes.

It's possible to make arrangements for it to be deposited to your bank account directly.

Maj · Post by **Maj** » Wed Jan 22, 2014 6:48 pm

I think we had this conversation with Fuchs, previously. I don't recall it ending very well. But since then, I've learned that the US still uses checks because our banking system is slightly different than Europe's.

Wikipedia has more on the subject:

http://en.wikipedia.org/wiki/Girobank

http://en.wikipedia.org/wiki/Giro

JonSetanta · Post by **JonSetanta** » Wed Jan 22, 2014 8:32 pm

Work being done across states? uuuugh

I wouldn't trust an employer you couldn't show up to and punch if they didn't pay you for your honest efforts.

Fuchs · Post by **Fuchs** » Wed Jan 22, 2014 11:09 pm

Maj wrote:I think we had this conversation with Fuchs, previously. I don't recall it ending very well. But since then, I've learned that the US still uses checks because our banking system is slightly different than Europe's.

Wikipedia has more on the subject:

http://en.wikipedia.org/wiki/Girobank

http://en.wikipedia.org/wiki/Giro

Electronic payment services will hopefully soon render cheques obsolete even in the US:

http://www.federalreserve.gov/pubs/bull ... ents08.pdf

If only there was a similar hope for the US to adopt the metric system.

CatharzGodfoot · Post by **CatharzGodfoot** » Thu Jan 23, 2014 3:50 am

Fuchs wrote:If only there was a similar hope for the US to adopt the metric system.

Why adopt the metric system when we have the far superior US customary system?

tussock · Post by **tussock** » Fri Jan 24, 2014 5:55 am

http://www.washingtonpost.com/wp-dyn/co ... 02142.html

One man is proud to have cancelled the United States' transition to SI.

So, during that first year of Reagan's presidency, I sent Lyn another copy of a column I had written a few years before, attacking and satirizing the attempt by some organized do-gooders to inflict the metric system on Americans, a view of mine Lyn had enthusiastically endorsed. So, in 1981, when I reminded him that a commission actually existed to further the adoption of the metric system and the damage we both felt this could wreak on our country, Lyn went to work with material provided by each of us. He was able, he told me, to prevail on the president to dissolve the commission and make sure that, at least in the Reagan presidency, there would be no further effort to sell metric.

Frank Mankiewicz is an absolute fucknut, and he kept the metric system down pretty much all on his own, because doing everything a bit easier would ruin everything, and big government, nanny state, bla bla bla.

Really. It's like they were making 2nd edition AD&D and decided to keep THAC0 around a bit longer. Oh, wait. Sorry, can't help with not being paid, seems like you should start bankruptcy proceedings.

AndreiChekov · Post by **AndreiChekov** » Tue Jan 28, 2014 10:04 pm

buy a gun. shoot the fuckers

virgil · Post by **virgil** » Wed Jun 11, 2014 4:38 pm

Whelp, apparently the lawyer has basically stated that he doesn't think there's a chance in hell that Disney will give my wife her backpay and severance fee, so he's essentially quit working on the case.

Apparently the only legal hope she has is if they release the movie, since she was one of the animation directors and lead character designers, she retains enough rights to her creations that they can't release it without her approval.

nockermensch · Post by **nockermensch** » Wed Jun 11, 2014 4:47 pm

On your first post describing the problem, you state that your friend had a problem. Then when you update us on the situation a few months later, she's your girlfriend. By now, like 18 months after OP, she's your wife.

So hey, Congratulations! Silver linings, you know.

Kaelik · Post by **Kaelik** » Wed Jun 11, 2014 4:53 pm

I think my favorite part is how all his posts always cut off without finishing the last sentence and then he edits them to fix them.

I like to imagine that he is always getting interrupted by his now wife, and he submits and closes it quickly, and then fixes it later.