Legal questions.................crooked bosses

[worangejuice]

Hi,
As stated I am a Caricature artist. I'll summarize it.
We work for a private owner at a theme park.
We are paid hourly (minimum wage) if slow. Or 30% commission on our sales if we break $300 for the day.
During the Winter holidays we all (12 employees) made a buttload of money for the company. About $400-$700 a day each.
Our paychecks from the holiday time were pretty big. We felt we were underpaid, but just assumed it was cause of taxes, and carried on.
There was also a delay with these holiday checks. The reason being there where 'tax errors' on the checks and they had to fix them (this being told to us the day we went to pick up our checks). So we got the checks 2 days later.
Fast forward 2 weeks, we get our latest check with a lengthy letter in tow. The letter states that money was deducted from our latest checks as a result of overpay from the last holiday check. WTF!
We were not given any warning in advance.
We've put up with a lot from our boss, but this may be the final straw.
This totally goes into legalities and a whole other mess.
:down::faint::sadwavey:
So what can we do Zilvia!?!?!?, what can we do as lowly artists, in a tough economy to stick it to our shady bosses. Legally or any other suggestions....
thanks guys

[SochBAT]

Lawyer.

Research labor laws specific to commission. If you've got your contract/commission payout breakdown on hand, use it.

Calculate CLEARLY on paper. Once the numbers are correct, and triple-checked, bring it up to the boss. Mention this is what you should have been paid, based on the agreed upon commission formula. Insist ("It'd be only right on your behalf to honor our agreement and pay back the garnished wages BossFucker.") that he follow through. If he is adamant about it, mention you're willingness as well as your coworkers willingness to escalate the incident. If he hasn't shat bricks yet and is still stonewall about it all, follow through with the lawyer of your choice, perferably someone you know or was recommended to you by close friends/family. They tend to put the extra effort on your case and really want to help you out. For lawyers, theres nothing better than word of mouth.

After its all said and done, daterape his finances for your hard-earned moneys.

Now, the fee I shall charge you is simple. A smile on your cute liddo face! MUAH!

[aziankingz]

youre on bf.c too? anyways go call your HR/Payroll department and find out why you were overpaid and go over all the details.. just remember to have a copy of your timesheet in front of you.

[HyperTek]

the boss doesnt want to give up his ferrari hes gonna be purchasing soon and the vacation to monaco that next month lol

[Gnnr]

Lawyer.

Consultation is free.

[OptionZero]

1. Double check, triple check your numbers.

2. If you have been docked pay or otherwise improperly paid/not paid, go here:
California Labor and Workforce Development Agency (http://www.labor.ca.gov/faqindex.htm)

Give them a call, at minimum see if they can do anything for you. State agency, free phone call, can't hurt.

3. Call a lawyer. Make sure you bring all the info/people you can so he can make a proper assessment of your case. If ur in the bay, i might have a few referrals.

[aziankingz]

unless you were fired/laid off..i would not talk to a lawyer yet..

[Gnnr]

unless you were fired/laid off..i would not talk to a lawyer yet..

Why not? If you wait until after you are fired you lose credibility. There are whistleblower laws in place to protect you.

Whistleblower - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Whistleblower)

[ericcastro]

youre on bf.c too? anyways go call your HR/Payroll department and find out why you were overpaid and go over all the details.. just remember to have a copy of your timesheet in front of you.

This.
Double check everything.
figure out where the money went, or if the company wasnt paid as much as you guys thought for the work.

[worangejuice]

Ok, the manager told us to speak to his wife who is also 'payroll'. It's a privately run business. So I guess at the most I can only get a print out of the adjusted time sheets, which goes in their favor.
We really wouldn't even care if legal actions shut them down. We're making loads of money for them and see pennies of it. There's even a false add on craigslist that states it is an hourly plus commission wage for the job, which it is clearly not, we confronted him on it and he says its an error and will be fixed. excuses, excuses.

[Dirty Habit]

You are fucked. Key dudes car in parking lot after work one afternoon. It will feel good.

[OptionZero]

Ok, the manager told us to speak to his wife who is also 'payroll'. It's a privately run business. So I guess at the most I can only get a print out of the adjusted time sheets, which goes in their favor.
We really wouldn't even care if legal actions shut them down. We're making loads of money for them and see pennies of it. There's even a false add on craigslist that states it is an hourly plus commission wage for the job, which it is clearly not, we confronted him on it and he says its an error and will be fixed. excuses, excuses.

Print out the craigs list ad before it expires.

It might be evidence.

[ride 4 lame]

During the Winter holidays we all (12 employees) made a buttload of money for the company. About $400-$700 a day each.
Our paychecks from the holiday time were pretty big. We felt we were underpaid, but just assumed it was cause of taxes, and carried on.


From this, you clearly were not tracking exactly how much you made, or were not logging it.

If you knew what you were doing, you would know exactly what your paychecks should look like.

I manage a business, and have employees come to me quite often telling me their checks are wrong.
Then we sit down, go over their schedule and they realize they took an extra day off or called out sick or something.



I'm not saying its impossible that your boss is trying to screw you or that he made a mistake. He is human...
But calculate what you were supposed to make...compare that with how much tax was taken out in previous checks and then atleast you have some ground to stand on while discussing the issue.

if not, then its just a he said she said type of thing.

I wouldn't bother with a lawyer. It's going to cost you time and money...and if you work at a theme park you most likely don't make that much. Is it worth spending your free time to spend a bunch of money on a lawyer to get 100 back from your boss?

[fckillerbee]

From this, you clearly were not tracking exactly how much you made, or were not logging it.

If you knew what you were doing, you would know exactly what your paychecks should look like.

I manage a business, and have employees come to me quite often telling me their checks are wrong.
Then we sit down, go over their schedule and they realize they took an extra day off or called out sick or something.



I'm not saying its impossible that your boss is trying to screw you or that he made a mistake. He is human...
But calculate what you were supposed to make...compare that with how much tax was taken out in previous checks and then atleast you have some ground to stand on while discussing the issue.

if not, then its just a he said she said type of thing.

I wouldn't bother with a lawyer. It's going to cost you time and money...and if you work at a theme park you most likely don't make that much. Is it worth spending your free time to spend a bunch of money on a lawyer to get 100 back from your boss?

and if you key his car...his insurance will repaint it....do something memorable...in the busiest of seasons....bounce! it'll make the owner realize that his business is run off his employees. that's what strikes are for...people lose money...then they negotiate!

[ride 4 lame]

and if you key his car...his insurance will repaint it....do something memorable...in the busiest of seasons....bounce! it'll make the owner realize that his business is run off his employees. that's what strikes are for...people lose money...then they negotiate!

Yea... if you have a union. But I'm willing to bet this guy doesn't, otherwise he would have gone to his union rep about this.

I had a guy walk off one day. I laughed and hired a new guy the next day.
Unemployment is still high enough that employers have an upper hand.

[worangejuice]

From this, you clearly were not tracking exactly how much you made, or were not logging it.

If you knew what you were doing, you would know exactly what your paychecks should look like.

I manage a business, and have employees come to me quite often telling me their checks are wrong.
Then we sit down, go over their schedule and they realize they took an extra day off or called out sick or something.



I'm not saying its impossible that your boss is trying to screw you or that he made a mistake. He is human...
But calculate what you were supposed to make...compare that with how much tax was taken out in previous checks and then atleast you have some ground to stand on while discussing the issue.

if not, then its just a he said she said type of thing.

I wouldn't bother with a lawyer. It's going to cost you time and money...and if you work at a theme park you most likely don't make that much. Is it worth spending your free time to spend a bunch of money on a lawyer to get 100 back from your boss?
Exactly, we talk about it, then think of lawyer fees, then think "fuck it" and move on, still looking for other jobs.....and the job market is shit still.
and if you key his car...his insurance will repaint it....do something memorable...in the busiest of seasons....bounce! it'll make the owner realize that his business is run off his employees. that's what strikes are for...people lose money...then they negotiate!
That's funny, it has been discussed before. A complete walkout actually happened 3 years ago when this new manager just took over. So we have the giant elephant in the room. We think he's just waiting for his father in law to kick the bucket, then take over and shut the business down, selling it off and making a quick buck.
Yea... if you have a union. But I'm willing to bet this guy doesn't, otherwise he would have gone to his union rep about this.

I had a guy walk off one day. I laughed and hired a new guy the next day.
Unemployment is still high enough that employers have an upper hand.
All these quotes fairly sum up what is/has been going on here. I heard the manager say point blank, let's write every body up "threaten" every employee, "what are they gonna do , get another job""not in this economy". So on top of being a regular asshole, he feels he has the powerplay.
He will threaten our jobs every three months. I think he feels he needs this to boost 'morale'. He is ass backwards and one of the worst managers I've ever worked with. Again, this is only a CARICATURE business and does not need to be this way. The employees do about 90% of the work, and the manager and his boss come around once and a while to fuck with everyone.

[Gnnr]

I had a guy walk off one day. I laughed and hired a new guy the next day.
Unemployment is still high enough that employers have an upper hand.

You're a douchebag. :rolleyes:

All these quotes fairly sum up what is/has been going on here. I heard the manager say point blank, let's write every body up "threaten" every employee, "what are they gonna do , get another job""not in this economy".

So on top of being a regular asshole, he feels he has the powerplay.
He will threaten our jobs every three months. I think he feels he needs this to boost 'morale'. He is ass backwards and one of the worst managers I've ever worked with. Again, this is only a CARICATURE business and does not need to be this way. The employees do about 90% of the work, and the manager and his boss come around once and a while to fuck with everyone.

See. This is the kind of bullshit attitude that has me fed up with Big Business! People are just being treated like fucking numbers and cattle.

Don't put up with that shit! If your employees aren't happy working for you, your company is most likely a piece of crap. The best companies to work for are also the most successful.

Trust me, I've had some really cool bosses and those are the ones I went above and beyond for, not those that treated me like dirt.

And fuck that "not getting another job in this economy" mentality. We don't' have 100% unemployment.

[ESmorz]

Do you work for the caricature mafia?

http://i2.photobucket.com/albums/y36/AvrilH8er13/godfather.jpg

[SochBAT]

Undercut him. Seriously.

Gather your coworkers, start your own company. I mean, 600ish a DAY isn't bad. Fuck him.

[fckillerbee]

Yea... if you have a union. But I'm willing to bet this guy doesn't, otherwise he would have gone to his union rep about this.

I had a guy walk off one day. I laughed and hired a new guy the next day.
Unemployment is still high enough that employers have an upper hand.


that is why all of you leave. and glue the door locks on the way out. all of them! even his car!

[ride 4 lame]

You're a douchebag.

I'm not a dick head. All of my current employees like me. Many of them have worked at the site I'm at longer than me, and they have told me I'm the best manager they have had so far. I must be doing something right.

The fact of the matter is though..Business is Business.
If you don't want to do a job or don't want to do it well, then leave. The guy who walked off didn't like the job and didn't do a good job so I told him that. I CAN replace you. I think the OP should be treated fairly, it sounds like his manager is an ass, but he can be at this point, because you don't have a better job.

Is that fair? No, but thats life.
If you want great job security, put yourself in a position so you are irreplaceable. (hint: drawing caricatures at an amusement park is not that kind of job)