I've been cheated, can someone help?

[Ida_Mann]

A couple months ago I started doing free-lance IT work for a company in Sanford who only has about 8 people working at it.  They advertised for someone who would be available by phone and come in once in a while for $25 per hour.

I answered the ad and sent them a resume.  I interviewed with them and in the next few days after that I got a call from them asking if I could start that day,,,,"no problem" I said and I was there within 2 hours.

So over the next few weeks, I made recommendations, fixed things and even installed new anti-virus software for their domain that I had recommended they purchase. 

Everything was going swell and they were happy until one day right after I installed the anti-virus I couldn't get in to the server to check on things, so I called and asked about it.  I started getting things like "I can't get to that right now" and "I'm not sure I want you to have access to EVERY computer remotely".

So I was suspicious that they were giving me the boot, so I submitted my time so far for payment which was 17 hours, that was on 10-9-07.  After lots of emails back and forth about the owner being sick, then they were having money trouble, I finally get a check yesterday for $250 (58% of what they owe me) and written on the front in the memo section is "Final Payment".

I'm no idiot and I know what that means, but I have to ask, can I still cash this check? and how do I get the rest of my pay out of them?

before you ask, no there was no written contract, but the hourly rate was agreed upon with the owner's husband when I interviewed, and even the owner did not dispute the hours worked when I emailed it all to her.

anybody got ideas other than slashing the tires on her Mercedes R-Class wagon?

thing that sucks is I need the money but I'm afraid to cash it for fear that will ruin my chances of getting anything else out of them.

Id@

[Hoosier Daddy]

under the table??   take the money and call it lesson learned..
Or you can give them a good ole fashioned azz whoopin...
I perfer the latter....

[Ida_Mann]

under the table??   take the money and call it lesson learned..
Or you can give them a good ole fashioned azz whoopin...
I perfer the latter....

I was supposed to be a 1099 employee, but I never got the chance to fill out the paperwork, so as far as the check goes, it's under the table.

Id@

[qt314nfla]

not sure how much you have to stand on w/ a verbal agreement.  if you cash the check you will be unlikely to pick up the other portion b/c of the writing on the check.  however, if you don't cash the check they may put a stop check on it and you'll get nothing.  you might be able to take it to small claims court if you can't work it out.  talk to anoriginal and see what he thinks.  he may have some better suggestions.

[Justbilly]

Just got down there, get face to face with them and ask for the remainder of your check and/or explaination for the half check.
Lots of time people aren't as tough when you are looking them in the eye versus, email or phone calls.

[Da_Mtg_Man]

Hack in and crash their system.

[yunt2ride]

Hack in and crash their system.

Thats what I was thinking but first I would tell them that if I can set their system up, I can shut it down, so either pay me or pay someone else to fix it. Cause I'm hacking it. LOL

[Ida_Mann]

one of the things that was dumb about them is that they wanted anti-virus software that was consistent and across their entire system, so they have 11 computers including one server,,,,I told them they needed the 15-user version of the software I got for them and they said "no, we only use two of those computers every once in a while"

other IT guys back me up on this,,,,,if one of the PC's is not protected the rest might as well not be, and I tried to explain this and they just started blocking me on this.  So I told them this was my recommendation and please don't blame me when a virus gets in and ruins some work.

it's kinda like keeping the spare tire on your truck with 5psi in it.

Id@

[Joedirt]

Tell em you are gonna report them to the IRS and they will be audited , cause YOU will  be reporting this income.??

[1FasterBlaster]

  I feel ya on the being cheated ordeal. One, cash the check. Make sure you get something, but keep the paystub. Then try to get an E-mail response from the co. showing your employment agreement with their original ad. Then let them know your getting a lawyer and have him call.
   If all else fails, small claims court.50/50 chance there.
     
   

[mrbones]

Cash the check, confront them about the other part of the money. If they don't pay up, do you know if they are using any unlicensed software? You know, one copy of software for 10 computers, something like that? All of which is illegal. If so, report them to the BSA.

[Ida_Mann]

funny you should mention that,,,,that was one of the things I pointed out to them was that they were using a copy of MS Office 2003 that had been "Flagged" by Microsoft,,,,,they were having issues with one particular computer and I checked on it and found the same issue with a couple other PCs and told them they needed to get that fixed.

come to think of it, maybe that was one reason they didn't like me after that ?

Id@

[dynodon]

Cash the check, confront them about the other part of the money. If they don't pay up, do you know if they are using any unlicensed software? You know, one copy of software for 10 computers, something like that? All of which is illegal. If so, report them to the BSA.

Best advice I have seen yet !!!!
I would cash it, then let them "have it" !!!!!

[big-daddy]

thats the ticket.........   Id@ give me there IP address hehehehe 

[Ida_Mann]

Boy Scouts of America?

funny, that was the first thing that came up when I did a search for it.

never heard of this BSA before today,,,hmmmmmm

I just hope they don't check my computer for visiting ;-)

Id@

[Ida_Mann]

thats the ticket.........   Id@ give me there IP address hehehehe 

trust me, I've got it somewhere.

Id@

[nofunnynickname]

You have the right to accept partial payment for any debt. Just writ "in Protest" under your sig when you sign it. This will show that you believe more debt is owed. That is a start! You will probably never see the rest though!

[Ida_Mann]

You have the right to accept partial payment for any debt. Just writ "in Protest" under your sig when you sign it. This will show that you believe more debt is owed. That is a start! You will probably never see the rest though!

I've heard that before, anybody else back me up on this?

Id@

[dirtyrooster]

Yes. When you cash the check definately write that under your signature. I've recently discovered that EVERYTHING legal comes down to little things like that! Also, if they owe you less than $250 it will probably cost you more than you are owed if you decide to pursue it legally. We just paid a lawyer $200 just to write a letter in a case somewhat similar to yours. Good luck!

[buzzardman]

Cash the check, take the rest in the bung hole because that's the way life works for the honest hard working person.  Without a contract agreement or any records whatsoever your hosed.  The only good thing is that you don't have to claim to the IRS and really if you would have been paid in full and then 1099 and pay taxes,  you really aren't loosing much.  Help prevent organized Crime,  Abolish the I.R.S.

Or, find some way to shut their system down remotely and then call and tell them "you heard" they were having computer problems and you would fix it for free this time as long as you get your final full pay check from the before work.  If they refuse, tell them good luck with their computer problems but your sure it will get  worse for them.   make sure and cash the check before doing this.

Is it possible to file a mechanics lein with the work you do?

[Ida_Mann]

a lein,,,that would be interesting.

not sure it's worth it for the money.

but still interesting.

Id@

[lonewolf310]

report them to the labor and wage board.........companies hate it when they come in and disect their records.

[bignickwaite]

man your always getting screwed one way or another ida .

[Ida_Mann]

man your always getting screwed one way or another ida .

kinda seems like it,,,,I wouldn't mind if it were in bde ;-)

Id@

[SWAMP_DONKEY]

man your always getting screwed one way or another ida .

kinda seems like it,,,,I wouldn't mind if it were in bde ;-)

Id@

Well seems like the Owner of the Co. is a Woman...take it out in trade. LOL