Law Is On My Side, But Here’s Your Money Anyway…
Sometimes, money isn’t everything. Especially when your new boss is a self-professed psychic/hypnotist that would only hire “believers” to be his slaves, dancing monkeys, employees. After watching him scream at the employee on the phone for an hour then pick up a chair and throw it through the wall of his office…immediately followed by his phone, Zach decided to call it quits. Not wanting to insight his now ex-boss’s ire, Zach decided the safest way to quit would be via e-mail and sent a rather vague “Commute time is too long. Apologies for not working out. Already have new work lined up. Best of luck.” resignation.
Dear Zach,
It is with regret that we acknowledge your resignation, effective February 11, 2008. Since you did not offer us and exit interview, we are offering the following information:
· We have invested over $2000 in hiring, training and expenses to perform shows. You assured us that you would be a better host than who we have now. We felt that we hired a team player.
· We had to cancel 3 shows because of this unfortunate event, which in turn has cost my company over $6000.
· Simplified Entertainment Inc. thought we hired the right person. Unfortunately, this was a very expensive lesson that we will learn from.
· By not full filling terms that you agreed to, you have forfeited any money that may be coming to you. Our records show that there is none.
Sincerely,
Thomas B
President
Mr. B
According to New York State Labor Law statute 191 section 3 “If employment is terminated, the employer shall pay the wages not later than the regular pay day for the pay period during which the termination occurred, as established in accordance with the provisions of this section. If requested by the employee, such wages shall be paid by mail.”
Furthermore, statute 193 states:
“193. Deductions from wages. 1. No employer shall make any deduction
from the wages of an employee, except deductions which:
a. are made in accordance with the provisions of any law or any rule or
regulation issued by any governmental agency; or
b. are expressly authorized in writing by the employee and are for the
benefit of the employee; provided that such authorization is kept on file
on the employer`s premises. Such authorized deductions shall be limited to
payments for insurance premiums, pension or health and welfare benefits,
contributions to charitable organizations, payments for United States
bonds, payments for dues or assessments to a labor organization, and
similar payments for the benefit of the employee.
2. No employer shall make any charge against wages, or require an
employee to make any payment by separate transaction unless such charge or
payment is permitted as deduction from wages under the provisions of
subdivision one of this section.
3. Nothing in this section shall justify noncompliance with article
three-A of the personal property law relating to assignment of earnings,
nor with any other law applicable to deductions from wages.”This is squabbling over the matter of $375. $150 from the show that I worked on February 1st and the 30 hours I worked in the office from February 4th to the 8th that would amount to $225. Legally, you cannot deduct any wages that have already been made by me.
I’d appreciate not having to take this to the board of labor, as if I had to do that I’d have to disclose any and all poor work practices that I encountered while working there.
In conclusion, I’ll be expecting a check for no less that $375 to be mailed to me postmarked no later than Friday, February 15, 2008.
Sincerely,
Zach”
Zach,
Melissa has given me what is owed to you. It appears to be $382. And yes by the terms of the agreement, the money is forfeited because you did not finish the agreement.
I would like to get some things off my chest…
I am not happy with you on the way you told us you are not going to do shows. Email is such a childish way. It shows me that you lack integrity.
I knew on Friday that you were not comfortable with performing. Remember when we were in my office and I asked you if you have any questions and you said NO that I replied with “I don’t like to hear no, because that tells me there is something wrong, you should have many questions.” Yeah, I knew! Trust me, I know.
No one here is surprised of this. I said to Melissa that you wouldn’t last through the first of March. Once again I was right. I was hoping that you would prove me wrong. You have a nice personality and sold yourself well, but you lack initiative. Work on that and I am sure you will do much better in another career. It takes a special person do be in this high pressure business. Everything has to be perfect.
Did you ever wonder why I asked if you didn’t have anything against psychics? Against my better intition I listened to someone else and contracted YOU! I knew this was going to happen. Never again will this happen. I will trust my strong intuition. It is ALWAYS right. This was a VERY expensive lesson.
Lastly I am relieved that you made this decision. I would have had to cut the deal in a week or two. You brought bad luck into my office. A car accident on the second day of training? Come on! Who does that?
Also keep in mind that you were an independent contractor, and the items that you spent all day searching for do not apply. You were never an employee. I have made many enemies in this business. I trust no one, including you. Yet, I can always say that if someone is owed money by my company they will get paid.
This is the last you will hear from me and I will not tolerate any contact from you in any form other than your attorney contacting me. I do not want anything to do with you. Do not take it personally, it just you have a bad aura around you. Think positive it will change.
Good luck to you. A check for about $382 will be sent to you. This will break any bad luck that is still lingering from you.
Thanks!
Thomas B
President
Submitted By: Zach
@crazyemails
Hearing Voices