[Frankawitz]

I have been working for a guy. (personal info removed)
Well I just finished up a job in Plymouth, MI
I worked 5 and half weeks he paid me $1,500 I was told we were going to split the $9,850.00 now job is done builder sent him the check for the balance of the job $6,850.00 he told me I ain't getting any money for two weeks and I got $750 coming.
I am going to Plymouth and file a lien on their house, the builder says he can't cut me a check, so I am going to send a letter to homeowners letting them know they won't get their C of O to move back in.
What else can I do to get my money? Any help would be appreciated guys Thanks

 

[hdavis]

Sub or employee?

 

[Frankawitz]

Employee I was to be paid for my hours $30.00 an hour I've worked for him since 12/14/2012 he told me he had to pay taxes every month but I never got pay check or pay stub

 

[hdavis]

Then you didn't have a 1099 or W-2, I'm guessing. If you were paid more than $600 in 2012, you should have had one of these. I'd save the IRS tack for later.

Try this for what your rights are:

http://www.employmentlawhandbook.com/wage-payment-laws/state-wage-payment-laws/michigan/

I couldn't find the Michigan labor department complaint procedure right off the bat, but it's kicking around there somewhere.

 

[TimelessQuality]

He's out of Colorado?


Good to see ya back Frank!

 

[hdavis]

He's out of Colorado?


Good to see ya back Frank!

The job was in Plymouth, Michigan.

 

[TimelessQuality]

The job was in Plymouth, Michigan.

and the thread title says...

 

[Caslon]

So he bailed outta that state and moved to Colorado? As an employee, good luck getting your money back.

 

[hdavis]

Changing states doesn't get him clear. Besides the state laws which may have been broken, there are corresponding federal laws.

 

[Big Shoe]

Damn :blink:

 

[Frankawitz]

no he lives in Colorado he does work in Michigan and in Colorado he runs a painting company here and in Colorado he also does carpet and new construction commercial work here in Michigan, in Colorado he does residential repaint he's got a couple guys to work for him out there

 

[Caslon]

"Who can file a Michigan mechanics' lien Claim"?

"Contractors, as well as subcontractors, sub-subcontractors, suppliers and laborers who have a contract with a general contractor or a subcontractor can file a Michigan mechanics lien..."

- See more at: http://www.lienitnow.com/michigan-faq.asp#sthash.TFn9aBab.dpuf

Think you have much of a chance? I don't. There's always small claims court.

 

[hdavis]

Michigan wage complaint form. The big question is whether you can prove you were his employee.

http://www.michigan.gov/documents/WH43_Employment_Wage_Complaint_Form_R6_29_05_141360_7.pdf

 

[Frankawitz]

Well I have worked for this guy since December 2012 he paid me by check when I started with him I have never signed a application W2 1099 nothing
He pays me now on my bankcard I have a Chase card so I didn't have to pay the $6.00 charge every time I cashed a pay check.
I have worked all year I haven't got a signal pay sub, to be paid I had to hand write what I did every day in detail, I felt like I was writing one of those self help books
I have gone on job sites and someone would ask who I was Working for, I would say "Alternative Painting Jason Day is the owner"
They would reply with "That azzhole!" Every person I have come in contact with even his uncle:no:
I have always done a quality job have always been told by customers how great a job I did, he wanted me to cut corners, Sorry I couldn't do it. Do it right or don't do it.
So I have to contact Michigan Wage & Labor an file a complaint.

 

[hdavis]

He pays me now on my bankcard I have a Chase card so I didn't have to pay the $6.00 charge every time I cashed a pay check.
I have worked all year I haven't got a signal pay sub, to be paid I had to hand write what I did every day in detail

So he did direct deposit into your account. You'll need that history of direct deposits, and match them to you record of hours worked to show you were working hourly.

I'd send him a registered letter with return receipt saying you worked for him, including your hourly pay, start date, end date, wages owed, and demand payment of the unpaid wages and copies of the pay stubs.

A free lawyer may have some better ideas, but unless he gets motivated to pay you, you're stuck.


If you looked around a little, the set up violated a bunch of federal and state labor laws. If he thinks he's have the feds chasing him across state lines, I'm betting he won't want the trouble.

 

[Frankawitz]

Well he burned me so just that every Painter in Colorado knows who he is Jason Day he lives on Arista in Broomfield, CO
His Company name
Alternative Painting
Keep and eye on this guy.
My wife does home healthcare work and a lady she takes care of her son lives in Colorado and she has a house their to.
Well Jason did work for her son well he did the type of job like he always does half azz work.
Well they filed a law suit against him and his company.
I also found out that he burned another contractor who he wanted to be partners with well he owes this guy $18,000 and they are going to Court and Jason thinks I am going to testifying on his behalf :laughing:
I hope they call me as a witness cause I am going to let the Court know what he does when it comes to paying his employees how he has burned half a dozen guys that I know of.:thumbup:

 

[Frankawitz]

Well guys I found out some interesting things about Mr. Jason Day my wife called the State and she found out that Mr. Day hasn't paid Taxes to the State of Michigan since 1999 well they notified the IRS and as of July the State issued a Stop and desist cause he isn't aloud to work here. Also the lady my wife works for she is posting this on a website about Colorado contractor so like I told him he ain't messing with some punk kid who he can walk over, my wife and I are going to make it hard on his company, he may have burned me out of $3,000 but I am going to cost him more. Also I met with the Builder and I am now taking care of all of his painting on his jobs:laughing:
So maybe I'll have the last laugh:clap: