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Two Rivers's Avatar
 
Join Date: Jun 2009
Location: Iowa
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Company has no payroll funds?

I need some advice from the brain trust here.

The company I work for told us they do not have the funds to pay us till some time this week. (Hopefully) I have not been payed on time for the last six month's but a week late did not bother me to much.

They want me to travel about two hours away and stay a week or two on my dime to be payed back as travel expenses. I really like the job other then it has a communication problem some times. The company office is in California and has offices around the states.

Do I hang in or jump ship and go on the government tit till I can find something else.Jobs seem to hard to find these days but is working for a company not sure if they will pay worth it. Talking to others I have been told they have been late before but have always been payed so far.

Thanks

Old 12-11-2011, 07:58 AM
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Information Overloader
 
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"Some time next week." What time next week? If they don't pay when they say they will, find another job THEN quit.
Old 12-11-2011, 08:04 AM
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GTFO ASAP. If you leave voluntarily, you probably won't be able to collect unemployment, so line up another job first. Be aware that your co-workers are probably already doing the same.
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Old 12-11-2011, 08:06 AM
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Tough one...you could possibly be out a lot of money should they go tits up. Sounds lke they are on the ropes. Not paying suppliers is one thing...not paying employees sends a completely different message. 6 mos of this is an awfully long time and as a business owner I know how hard it is to get access to capital. I hope they haven't decided this is SOP to gain some time. If it were me...I'd have to REALLY like working there or there would have to be something to make me stay. You may also tell them you'll take 1/2 your intended expenses for out of town work. Good luck whatever tack you take.
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Old 12-11-2011, 08:08 AM
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how big of a company is this? i mean back in college, my parttime job's paychecks would occasionally bounce but that was a web design shop of about 6 ppl
Old 12-11-2011, 08:41 AM
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Originally Posted by widebody911 View Post
GTFO ASAP. If you leave voluntarily, you probably won't be able to collect unemployment, so line up another job first. Be aware that your co-workers are probably already doing the same.
Yes. Business is bad or there is a hole in the bottom of the bank account known as drugs and alcohol.

rjp
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Old 12-11-2011, 08:48 AM
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I am looking for other work but it may take sometime to get something. I may have the option of going on temporary unemployment for a few months because the weather conditions here. I work outside and the weather has a bearing on things.

I will look into this today and see where that goes.

Thanks for the replies.
Old 12-11-2011, 08:49 AM
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They can't successfully deny unemployment benefits due to you for leaving for cause. I would say 'no pay' is just cause.
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Old 12-11-2011, 08:53 AM
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If I was you? (you've always been paid so far)

Work on your resume and have that ready. Meanwhile don't leave. Stay as long as you can and leave when/if you find another job.

Your company will either recover or fail. It's only a matter of time before either happens.
There's nothing you can do about that except work hard and do the best you can.
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Old 12-11-2011, 08:57 AM
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Late payroll, business is down, drugs and alcohol.

Sorry but why is there a question here?

Ask them for the per diem up front.
Old 12-11-2011, 09:06 AM
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It's happened to me numerous times from different occupations but the worst was from a 'big shot' contractor driving a new 'Porsche' had one hell of a white trash garage (won't explain here but most was brand new) and gave every worker bad checks. Mine were substantial and so I went after him but the replaced bad checks were rubber too.

Jump forward 13 months and while this dirtbag was in a courtroom on another jam and with some creative manuevers and timing, I had this guy locked up for Thanksgiving! It took a few more months but finally was paid, no attorney cost, no interest but at least got my money.

Last edited by intakexhaust; 12-11-2011 at 09:28 AM..
Old 12-11-2011, 09:26 AM
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In most cases you can't "go on the government till" if you quit. You have to have been fired or laid off. If you leave, your employer will no doubt contest your unemployment application and tell the unemployment bureaucrats that you quit. You'll have to have a hearing before a magistrate. You'll need to document your cause for quitting and have it for the hearing. Even if you prevail it may be months before you see any money.
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Old 12-11-2011, 09:45 AM
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Quote:
Originally Posted by intakexhaust View Post
It's happened to me numerous times from different occupations but the worst was from a 'big shot' contractor driving a new 'Porsche' had one hell of a white trash garage (won't explain here but most was brand new) and gave every worker bad checks. Mine were substantial and so I went after him but the replaced bad checks were rubber too.

Jump forward 13 months and while this dirtbag was in a courtroom on another jam and with some creative manuevers and timing, I had this guy locked up for Thanksgiving! It took a few more months but finally was paid, no attorney cost, no interest but at least got my money.
I've met a few Porsche driver Turkeys pretending that they were Eagles...
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Old 12-11-2011, 10:01 AM
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1) under no circumstance do you front travel expenses if the company cannot reliably repay them -- which they clearly cannot.
2) Late payment of wages earned is typically a violation of state and or federal employment law.

Are you an employee or contractor (W2 or 1099)? If employee, what typically goes hand in hand with delayed payment of wages is late/non-payment of employee witholdings. While that should not affect you personally, you should know that this immediately pierces corporate veil -- some small consolation for you.

If wages are more than two weeks late being paid (and there are more than two employees in state), then I'd contact the State employment offices and let them know. The government does not look kindly on employers purposely screwing wage earners.

(and as others have said, GTFO)
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Old 12-11-2011, 10:44 AM
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2) Late payment of wages earned is typically a violation of state and or federal employment law.


Yes, I was told by the owner of the company once that employees get paid first. The rent, electric bill and other expences are second.
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Old 12-11-2011, 10:50 AM
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Quote:
2) Late payment of wages earned is typically a violation of state and or federal employment law
.

I was thinking exactly the same thing.

Do not pay for company expenses with personal money.
At some point, this company is going to fold up.

It will be bad enough trying to recover lost wages...


KT
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Old 12-11-2011, 11:02 AM
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Sorry, no pay, no work. I wouldn't go back in until I'm paid current.

I don't buy the crap about "it shows who the team players are" either. Bull. It shows who the suckers are.

At the end of the day I'm a free agent. If you can't afford me, see ya.

I work to earn a living, not as a charitable venture.
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Old 12-11-2011, 11:05 AM
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Quote:
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2) Late payment of wages earned is typically a violation of state and or federal employment law.


Yes, I was told by the owner of the company once that employees get paid first. The rent, electric bill and other expences are second.
^^^^^
This. They have to meet payroll obligations or face sanctions. They are playing with fire holding off paying for a few days every period. Asking you to travel on your dime is insane.

You like the job, so it's your risk as to how much you will invest/gamble to have this job. Things are very bad all over so people are doing some very different things these days. 5 years ago you would have been working for someone else by now.

Retail is holding its own in some sectors. However, I walked through a seaside shopping center here yesterday that is 30% vacant. It's laid out goofy and some fronts have 3 stores in a row empty. Scary bad.

House painters around here are never seen out working as with many maintenance type trades. My business up and evaporated.

You might want to hang on to some strings if they can show you some promise. And I don't know this for sure, but if they go belly up, there may be a bond that will pay wages due. I know contractors must carry such a bond. It's not much in CA, only $12,500.
Old 12-11-2011, 11:47 AM
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What would be interesting to know (but probably very difficult to find out) is are the owner(s) getting paid on time? When we were getting our business going, on more than one occasion the other 3 owners and myself chose to forego paychecks in order to insure that all employees were paid fully and on time. The last thing we wanted to do was sow the seed that the company was in financial trouble and having good employees start looking elsewhere.

Paying your own travel expenses on the promise you will be reimbursed when you aren't even being paid on time? a very bad idea but as Zeke stated, times are hard in a lot of places.
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Old 12-11-2011, 11:57 AM
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It's the vendors that are screwing it up. I'll bet your company are so tight on budget one vendor goes BK then the whole house of cards tumbles.

Stay until you find a stable gig before you quit,- if you wait until they go titty up then you can get your UI easy.

Safest approach. You don't want to screw around with the UI people. You may need to contract an attorney if you quit due to unstable pay because it could very well be messy.

rjp

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Old 12-11-2011, 12:07 PM
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