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The Frickin' Nerve of Some People!


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So awhile back I took a job with an HVAC company out here in L.A.

A really SMALL place, like 5 people. Cool thing was that I didn't have to go into the office. I was the salesman.

The place was so small I MAYBE went out on two calls a week, which I'd get an email from the owner and call and set-up the appt.

I negotiated a base salary + commission.

 

Well, that went south. Lots of reasons, but mainly the guy blamed me for the inability for him to get sales calls.

He had NO company cars, business cards, website, signs on the shop, nothing. So he let me go and refused to pay me for the last week I had actually worked.

 

The week prior to that I came into the office and he actually had some company shirts! Just some cheap pull-overs, with a collar, and my name stitched on them. He gave me two shirts.

 

When my cars got broken into they stole the "Boost Mobile" or whatever its called, the pre-pay cell phone he gave me for work.

 

When I came in a week after being let go, to get paid for the last week he actually paid me for, he asked for the shirts and the sales manual back (the sales manual was a few of those free brochures you get from the manufacturer's, along with a couple typed up pages for prices).

I told him I threw everything away. This was actually two weeks after I had finished working there and it was never brought up that he wanted those things back.

 

Well, yesterday in the mail I got an "INVOICE" from him! For two shirts, a sales manual and a cell phone that was never returned! $575.00!!!!!!

Can you believe that? I laughed all the way into the house, then ripped it up and threw it away.

This guy pays everyone under the table, has no business license or insurance, didn't pay me for the miles I traveled in my own car (required by the state) and yet he wants to push the issue with me?

 

I think after I move I'll contact the Labor Board. :)

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Just ignore it and move on. There's no sense in aggravating a situation with a moron or getting involved with the labor department or small claims or anything like that. The fact you lost the phone could be an issue for you, did you file police report, and all that? Doesn't matter, just forget about the guy and move on.

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The labor board should definitely be able to help you get that last week's salary, plus a substantial amount more as a penalty against the employer if he truly is in the wrong. I think the refusal to pay an employee in Cali is somewhere along the lines of 3x the amount that is owed to you... so definitely do not ignore that if you think you can use 3-times your weekly pay for that job.

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I'll be looking into that a little further this week.
I mean, between SS, workers comp, payroll tax, etc...he might go out of biz for good. If that's the case, I might want to wait until we move to start all that up.

In the meantime, maybe some of you wouldn't mind helping me out?
The guy he is contracted with does an IP scan or something, so I can't do multiple inquiries, but if you find yourself bored and with a few spare moments:

http://www.accesshvac.com

Go there and fill out the estimate request. You'll probably have to find an address in the L.A. area somehow.
And L.A. area codes are 323, 310, 818. Once the estimate is "verified" by the IC computer dude (something I know first-hand he didn't do too much of) it gets passed along to the HVAC company and the owner gets charged $75.00 for each one! :)

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The labor board should definitely be able to help you get that last week's salary, plus a substantial amount more as a penalty against the employer if he truly is in the wrong. I think the refusal to pay an employee in Cali is somewhere along the lines of 3x the amount that is owed to you... so definitely do not ignore that if you think you can use 3-times your weekly pay for that job.



In California- The Labor law is you must be paid within 24 hours of being fired and 72 hours if you quit. AND if NOT, you can file a complaint and MUST request penalties be attached. IF you do this, the penalty is: for everyday after that you have NOT received your final paycheck, the penalty is one days regularrate of pay up to 30 days. (Tax free- it's a penalty NOT a wage).

Go get em :thu:

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I'll be looking into that a little further this week.

I mean, between SS, workers comp, payroll tax, etc...he might go out of biz for good. If that's the case, I might want to wait until we move to start all that up.


In the meantime, maybe some of you wouldn't mind helping me out?

The guy he is contracted with does an IP scan or something, so I can't do multiple inquiries, but if you find yourself bored and with a few spare moments:


http://www.accesshvac.com


Go there and fill out the estimate request. You'll probably have to find an address in the L.A. area somehow.

And L.A. area codes are 323, 310, 818. Once the estimate is "verified" by the IC computer dude (something I know first-hand he didn't do too much of) it gets passed along to the HVAC company and the owner gets charged $75.00 for each one!
:)




Don't do it, don't sink to his level. :cry:

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I understand you guys. My emotions were getting the best of me.


To reverse this and lay it to bed, does anyone think this guy has a leg to stand on? Is there ANY way I could owe him this amount, or ANY amount?



No! You never bought anything from him. He can't just cook up an invoice for a bunch of swag and a manual and expect you to pay him. A normal business would send it to collections, with the hope of getting just a fraction of the invoice paid. But since it's schlock operation, this guy has no recourse.

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In California- The Labor law is you must be paid within 24 hours of being fired and 72 hours if you quit. AND if NOT, you can file a complaint and MUST request penalties be attached. IF you do this, the penalty is: for everyday after that you have NOT received your final paycheck, the penalty is one days regularrate of pay up to 30 days. (Tax free- it's a penalty NOT a wage).


Go get em
:thu:



This quote is 100% correct. Dealing with payroll at my job I am familiar with peculiarities of California state law, as we follow their laws now. (CA is the most picky, in favor of the individual, yet if followed prevents any former employees from suing and winning) Hurry up and file a claim!!

PS - if he was paying you under the table, be ready to make a claim on the taxes you will have to pay on wages you earned w/ him

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OOO...I should have mentioned,
I honestly through out everything the day I was let go.
He never mentioned he wanted anything back until about three weeks later.
The shirts were Target quality and the sales manual was maybe 10 pages of laminated sales brochures from manufacturers.

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OOO...I should have mentioned,

I honestly through out everything the day I was let go.

He never mentioned he wanted anything back until about three weeks later.

The shirts were Target quality and the sales manual was maybe 10 pages of laminated sales brochures from manufacturers.



I'm wondering if he considered covering the costs of the damage to your vehicle that the break-in cost you, resulting in the theft of his work inventory. Your auto insurance would surely cover the damage to your vehicle, but that seems to me to be something that his work insurance policy should cover since you used your vehicle for work. I'd ask an attorney about those things.

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