Linens 4 You Disgruntled Ex-Employee... Still waiting for money owed after 3 weeks. Portland Oregon

After 5 weeks of waiting Linens 4 You finally paid up all that was owed to me. I am relieved to have received my pay but c'mon...look what I had to do to get paid!!! I wonder..if I hadn't fought for my money...would I have even been paid? The owner could have just paid me with a money order and it would have all been settled! But instead she chose to drag everything out and with a nasty attitude at that. Along with the nasty attitude came false accusations that I was the collaborator of others coming forward claiming they hadn't been paid. Honestly...it was 5 weeks of hell I had to go through for this person to pay up! I am glad to be finally free of this person and this company. I wish everyone luck who now works for her because it will only be a matter of time that her company goes under due to her money mismanagement! Good riddens Lins 4 You!!!

I think It is quite odd that you are attacking only me when three people have clearly spoken up about not being paid! And..for the record I know you are lying about my background because I work with the youth group at my church and had a background check that came back clear!!! The other person who is still owed 700.00 has spoken up and had a long post about Linens 4 You and how they ripped her off as well as customers.
I think I'm done here. WAHM girl you can spill your guts if you like ...I have no worries here! Maybe you need to pick up the bible and spend your time there instead!

I think It is quite odd that you are attacking only me when three people have clearly spoken up about not being paid! And..for the record I know you are lying about my background because I work with the youth group at my church and had a background check that came back clear!!! The other person who is still owed 700.00 has spoken up and had a long post about Linens 4 You and how they ripped her off as well as customers.
I think I'm done here. WAHM girl you can spill your guts if you like ...I have no worries here! Maybe you need to pick up the bible and spend your time there instead!

I think It is quite odd that you are attacking only me when three people have clearly spoken up about not being paid! And..for the record I know you are lying about my background because I work with the youth group at my church and had a background check that came back clear!!! The other person who is still owed 700.00 has spoken up and had a long post about Linens 4 You and how they ripped her off as well as customers.
I think I'm done here. WAHM girl you can spill your guts if you like ...I have no worries here! Maybe you need to pick up the bible and spend your time there instead!

I think It is quite odd that you are attacking only me when three people have clearly spoken up about not being paid! And..for the record I know you are lying about my background because I work with the youth group at my church and had a background check that came back clear!!! The other person who is still owed 700.00 has spoken up and had a long post about Linens 4 You and how they ripped her off as well as customers.
I think I'm done here. WAHM girl you can spill your guts if you like ...I have no worries here! Maybe you need to pick up the bible and spend your time there instead!

This person has obviously fabricated information. I honestly believe the Company and the rebuttal they have provided, especially the documentation. She has proven to have sufficient documentation to Sullen's allegations. Her responses are immature and very unprofessional.

In addition, I was a bystander for slanderous postings she instigated on employment boards. It was obvious she recruited personal acquaintances to also post derogatory claims on this Company.

Although I will not be posting it on this Board. With a little research and expertise, I found this individual's full name. I took the liberty of investigating a little about this individual and from what I found in a short period of time her background is less to be desired and not necessarily a model citizen.

I suggest that any employer attempting to hire this individual perform a background check before making any final hiring decisions.

There is also another employee who reported Elena for not paying her some time ago! This goes back "months" September as a matter of fact. Get your facts straight Linens 4 You!! She has reported her here as well as on WAHM. And...there is another ex-employee from some months back that also has reported her. No reading BETWEEN THE LINES HER...JUST PLAIN FACTS. As you can see the employer just can't stand to be seen as she is...not an honest person or company! Tha's all folks..over and out!

I thought you said on your last posting it was your last posting Linens 4 You? Apparantly you are on the defense for some reason!!

If you do review the postings placed on the Boards this individual refers to, you will view that the postings were not only instigated by this individual but she has collaborated with friends to post these slanderous comments. Please note that all postings involving this company are dated in this month within a few days of each other. If the Company has a tendency to "not pay" its employees, you would be viewing posts from months and years back. This company has been in existence since 2001 and it is very much coincidental that all of sudden all these former employees are claiming non-pay of salaries. This is obviously a sour employee that simply lost her position due to professional misconduct and remains extremely unprofessional in her actions.

"She was paid"

"No I wasn't"

The owner posted a statement about the check being mailed to the wrong address which doesn't prove that the employee has been PAID.

Now, where is the bank statement that shows that the paycheck was CASHED by the payee? Hmmm.?

I did say that would apologize for getting upset if I had errored. However..I still have not received any checks! 560.00 is quite a bit of money to overlook. Especially since almost 4 weeks have gone by and ...nothing. The employer had one excuse another and refused to send me a money order. She was quite unpleasant and out right nasty. If you call being upset about not getting paid a temper tantrum then call it what you like. This message is also for all people reading:

There are other "disgruntled" employees. Look at WAHM under"linens 4 You" and under Workplacelikehome.com there are others who are speaking out! Could we all be wrong?????
There are also angry customers who never received their orders and have made complaints to the BBB and on this site as well!

Do your home work and you will see that I am not a person having a "temper tantrum". And...if I am then I guess there are quite a few of us who are!!!!

This will be my final post because this individual lacks rationalism. It is true that the checks were delivered to the wrong address. My bank's documentation clearly stated the reason for the delivery to the wrong address. It was delivered to the wrong address because employee's post office informed of a forwarding address.

This information was investigated and provided within a one week period. The letter also clearly states that the checks will be reissued within a few business days and the employee is not allowing sufficient processing time and mailing time for the payment to reach her.

Employee was indeed discharged after the email sent to her. She behaves irrationally with temper tantrums and lacks professionalism.

Fist of all I was never fired for any reason:

Here is part of an email sent to me from Elena from Linens 4 You!


"Very nice Suellen. You were blocked from Prostores because Krystal had your login and password. You assumed you were fired. I suspended connection until I spoke with you"


So.. you see I was never fired. However when I went to enter prostores to do some work I was blocked with no explanation until after the fact. I did however quit because the employer had not paid me what I was owed.

Secondly: She already had my correct address because she sent me an attached form in an email that confirmed that! read on...


Suellen.

Confirm the attached is your address.

I suggest you speak with your post office if the address is correct. Losing one check is acceptable. Losing two is not.

Elena

Tuesday, March 11, 2008, 2:05:26 PM, you wrote:

I confirmed the address as being correct and still never received any checks!


Then the employer insists on throwing something out of left field that has nothing to do with anything. The question is this? Where are my checks?


(Well, according to the bank, Suellen's checks were returned to the bank by the postal service with a forwarding address and the checks were then forwarded to the new address. As I recall, late last year, Suellen was in the process of a move that never took place. It is my assumption that either she erred in advising the post office that she never moved or the post office erred in advising the bank with a forwarding address. All this has been explained to her and documented in writing early on and she has failed to mention this on this report.)


The problem still has not been solved. I still have not received any pay checks. And if this company is on the up and up then why did a completely different person come on this site complaining that she has never been paid either???


Here is one other e-mail I receved from the owner of this company. She outright claimed to falsify information concerning this whole pay issue. Straight from your own mouth!!! Read on>>>..





Suellen.


Attached is a copy of the envelope that was returned to us. The Bank sent the check to the wrong address and was shipped back to me on the 9th.

I have placed a stop payment on this check and will have it reissued. Let me know if you have received the others. You should have received the second one and the third one should be received by the end of the week, the latest on Monday.


I hope this shows that your check was indeed requested and that I falsified information on sending it. My conscious is clear.


Elena


Tuesday, March 11, 2008, 9:00:58 PM, you wrote:



So you really think I am deranged?? You claimed to have actually falsified information!

You owe more than one person a few dollars. Why don't you just do the right thing and pay what you owe????

Tinkerbellnavy,

You have absolutely no idea what you are talking about. Guaranteed. I have actually been through this scenerio from start to finish 3 times. EVERY time, it was ruled an employee, not an independent contractor. See my **notes** below with the ***.


>>>
Tinkerbellnavy
Beverly Hills, California
U.S.A.

INDEPENTANT CONTRACTOR / EMPLOYEE STATEMENT
Steve, here is where the question lies. It will be extremely difficult to prove that Ms. S. was an employee if the following has occurred:
**[No, its not! That is the whole purpose of the IRS form # SS-3].

1. Taxes were not removed from her paycheck (and she agreed to it);
2. The Employer filed a 1099;
3. Her hours varied from time to time and she did not have a fixed hourly schedule.
**[All of these things make no difference. Irrelevant, guaranteed].

You are wrong where hiring an independent contractor is illegal. I am am Employer and run a pretty big shop and have consulted this many times with both my tax consultant and attorney and it is absolutely legal to hire independent contractors. We hire project based individuals all the time. Of course, the independent contractor is fully required to file and pay their own taxes.
**[No, you HIRE employees, you contract independent contractors. Your tax accountant and your attorney are morons, if they even exist. The companies I nailed claimed they had attorneys and accountants too and guess what? They were wrong].

As for unemployment, an independent contractor is really out of luck with unemployment. If taxes were not deducted out of their paychecks, there is no accumulation of available funds of which they can withdraw from (unless the previous employers deducted from paychecks).
**[Once again, you prove your incompetence. Unemployment insurance is just that. An insurance you pay into. It does not get deducted from the employees pay. Some states allow a partial employee cost, but you still have to have the coverage].

In addition, by filing an unemployment claim, the Employer will have the right to respond and if they have sufficient proof and documentation (of which they usually do) of the reason for the individual's discharge and if the Employer can prove any falsification of any pay claims made by the individual, you are pretty much out of luck.
**[No, it opens up the SS-3 investigation,etc.. and you get fined and pay the back taxes and premiums. That's the way it works. I can show you the rulings. I still have them.]

Our attorney is an expert on Employment law and I will forward written articles by him in this respect. Although it may not be fair, most states are Employer states which means the laws are geared more to protect the Employer than the Employee.
**[Your attorney is a moron if he actually gave you the advice you stated above. Like I said, I have actually had these cases in court and in front of the IRS, SS administration and USDOL. They ALL ruled in my favor all three times.]

My sincere suggestion is why cry over spilled milk. Why add fuel to the flame? The goal is to find out why Ms. S has not been paid and the objective is to get paid. Respectful communication is the key. Contact the Employer and calmly and professionally have the problem resolved. I have always been a fair employer and my staff have always been able to get more from me doing it the right way. If you keep on pondering over the negative, things will never get accomplished. I am sure the Employer would love to have this issue closed and go on back to business.
**[Because too many employers spill milk at the employees expense! That employee called independent contractor is the biggest scam going. And, it IS illegal. Guaranteed. And, the OP already tried open and calm communication, or did you miss that part?].

***Remember, I am not just guessing here. I have done this 3 times. And, I have prevailed 3 times. I know this game inside out. Just because you call someone an independent contractor does not make them one. Nor does a signed agreement make them one. Nor does the fact you 1099'd them make them one. These are all misconceptions of the uneducated. guaranteed].

Tinkerbellnavy
>>>

Tinkerbellnavy,

You have absolutely no idea what you are talking about. Guaranteed. I have actually been through this scenerio from start to finish 3 times. EVERY time, it was ruled an employee, not an independent contractor. See my **notes** below with the ***.


>>>
Tinkerbellnavy
Beverly Hills, California
U.S.A.

INDEPENTANT CONTRACTOR / EMPLOYEE STATEMENT
Steve, here is where the question lies. It will be extremely difficult to prove that Ms. S. was an employee if the following has occurred:
**[No, its not! That is the whole purpose of the IRS form # SS-3].

1. Taxes were not removed from her paycheck (and she agreed to it);
2. The Employer filed a 1099;
3. Her hours varied from time to time and she did not have a fixed hourly schedule.
**[All of these things make no difference. Irrelevant, guaranteed].

You are wrong where hiring an independent contractor is illegal. I am am Employer and run a pretty big shop and have consulted this many times with both my tax consultant and attorney and it is absolutely legal to hire independent contractors. We hire project based individuals all the time. Of course, the independent contractor is fully required to file and pay their own taxes.
**[No, you HIRE employees, you contract independent contractors. Your tax accountant and your attorney are morons, if they even exist. The companies I nailed claimed they had attorneys and accountants too and guess what? They were wrong].

As for unemployment, an independent contractor is really out of luck with unemployment. If taxes were not deducted out of their paychecks, there is no accumulation of available funds of which they can withdraw from (unless the previous employers deducted from paychecks).
**[Once again, you prove your incompetence. Unemployment insurance is just that. An insurance you pay into. It does not get deducted from the employees pay. Some states allow a partial employee cost, but you still have to have the coverage].

In addition, by filing an unemployment claim, the Employer will have the right to respond and if they have sufficient proof and documentation (of which they usually do) of the reason for the individual's discharge and if the Employer can prove any falsification of any pay claims made by the individual, you are pretty much out of luck.
**[No, it opens up the SS-3 investigation,etc.. and you get fined and pay the back taxes and premiums. That's the way it works. I can show you the rulings. I still have them.]

Our attorney is an expert on Employment law and I will forward written articles by him in this respect. Although it may not be fair, most states are Employer states which means the laws are geared more to protect the Employer than the Employee.
**[Your attorney is a moron if he actually gave you the advice you stated above. Like I said, I have actually had these cases in court and in front of the IRS, SS administration and USDOL. They ALL ruled in my favor all three times.]

My sincere suggestion is why cry over spilled milk. Why add fuel to the flame? The goal is to find out why Ms. S has not been paid and the objective is to get paid. Respectful communication is the key. Contact the Employer and calmly and professionally have the problem resolved. I have always been a fair employer and my staff have always been able to get more from me doing it the right way. If you keep on pondering over the negative, things will never get accomplished. I am sure the Employer would love to have this issue closed and go on back to business.
**[Because too many employers spill milk at the employees expense! That employee called independent contractor is the biggest scam going. And, it IS illegal. Guaranteed. And, the OP already tried open and calm communication, or did you miss that part?].

***Remember, I am not just guessing here. I have done this 3 times. And, I have prevailed 3 times. I know this game inside out. Just because you call someone an independent contractor does not make them one. Nor does a signed agreement make them one. Nor does the fact you 1099'd them make them one. These are all misconceptions of the uneducated. guaranteed].

Tinkerbellnavy
>>>

Tinkerbellnavy,

You have absolutely no idea what you are talking about. Guaranteed. I have actually been through this scenerio from start to finish 3 times. EVERY time, it was ruled an employee, not an independent contractor. See my **notes** below with the ***.


>>>
Tinkerbellnavy
Beverly Hills, California
U.S.A.

INDEPENTANT CONTRACTOR / EMPLOYEE STATEMENT
Steve, here is where the question lies. It will be extremely difficult to prove that Ms. S. was an employee if the following has occurred:
**[No, its not! That is the whole purpose of the IRS form # SS-3].

1. Taxes were not removed from her paycheck (and she agreed to it);
2. The Employer filed a 1099;
3. Her hours varied from time to time and she did not have a fixed hourly schedule.
**[All of these things make no difference. Irrelevant, guaranteed].

You are wrong where hiring an independent contractor is illegal. I am am Employer and run a pretty big shop and have consulted this many times with both my tax consultant and attorney and it is absolutely legal to hire independent contractors. We hire project based individuals all the time. Of course, the independent contractor is fully required to file and pay their own taxes.
**[No, you HIRE employees, you contract independent contractors. Your tax accountant and your attorney are morons, if they even exist. The companies I nailed claimed they had attorneys and accountants too and guess what? They were wrong].

As for unemployment, an independent contractor is really out of luck with unemployment. If taxes were not deducted out of their paychecks, there is no accumulation of available funds of which they can withdraw from (unless the previous employers deducted from paychecks).
**[Once again, you prove your incompetence. Unemployment insurance is just that. An insurance you pay into. It does not get deducted from the employees pay. Some states allow a partial employee cost, but you still have to have the coverage].

In addition, by filing an unemployment claim, the Employer will have the right to respond and if they have sufficient proof and documentation (of which they usually do) of the reason for the individual's discharge and if the Employer can prove any falsification of any pay claims made by the individual, you are pretty much out of luck.
**[No, it opens up the SS-3 investigation,etc.. and you get fined and pay the back taxes and premiums. That's the way it works. I can show you the rulings. I still have them.]

Our attorney is an expert on Employment law and I will forward written articles by him in this respect. Although it may not be fair, most states are Employer states which means the laws are geared more to protect the Employer than the Employee.
**[Your attorney is a moron if he actually gave you the advice you stated above. Like I said, I have actually had these cases in court and in front of the IRS, SS administration and USDOL. They ALL ruled in my favor all three times.]

My sincere suggestion is why cry over spilled milk. Why add fuel to the flame? The goal is to find out why Ms. S has not been paid and the objective is to get paid. Respectful communication is the key. Contact the Employer and calmly and professionally have the problem resolved. I have always been a fair employer and my staff have always been able to get more from me doing it the right way. If you keep on pondering over the negative, things will never get accomplished. I am sure the Employer would love to have this issue closed and go on back to business.
**[Because too many employers spill milk at the employees expense! That employee called independent contractor is the biggest scam going. And, it IS illegal. Guaranteed. And, the OP already tried open and calm communication, or did you miss that part?].

***Remember, I am not just guessing here. I have done this 3 times. And, I have prevailed 3 times. I know this game inside out. Just because you call someone an independent contractor does not make them one. Nor does a signed agreement make them one. Nor does the fact you 1099'd them make them one. These are all misconceptions of the uneducated. guaranteed].

Tinkerbellnavy
>>>

I have been informed by an ex-employee of this report and feel I am obliged to respond.

Linens 4 You has been paying via direct deposit for months. We were transitioning to a new direct deposit company and while in that transition we temporarily had to issue payroll checks until the direct deposit paperwork and setup was finalized. Three payroll checks were mailed to this individual for each payroll period. Payroll checks are issued by my bank's payroll service. Employee claimed that she never received checks (although checks were issued). I contacted my bank with respect to these checks and the bank began researching the problem.

Although employee was advised and carbon copied on all the bank's responses and received verbal communication from my bank, she began to irrationally accuse Linens 4 You for not sending the payroll checks. I assured employee that her payroll checks were issued and that the matter was being investigated and yet the employee remained verbally irrational to the point of harassment. Every written bank update provided to this employee has been totally misinterpreted by her to the point of derangement. It is inconceivable to me how this employee twisted every communication she received from the bank.

Well, according to the bank, Suellen's checks were returned to the bank by the postal service with a forwarding address and the checks were then forwarded to the new address. As I recall, late last year, Suellen was in the process of a move that never took place. It is my assumption that either she erred in advising the post office that she never moved or the post office erred in advising the bank with a forwarding address. All this has been explained to her and documented in writing early on and she has failed to mention this on this report.

Since she has been discharged for professional misconduct, Suellen insists on filing this falsified report.

Attached is the letter from our bank verifying what I have stated above:

http://www.linens4you.com/BankAtlanticUpdate.pdf

As you will note, new checks have been reissued by my bank's payroll service which is an extremely reputable banking institution.

Have you seen the WAHM board lately? I was curious so I went to check it out! My My ..it seems as if someone else who got ripped off by this company is also speaking out? Coincidence? I think not! I think that eventually a dishonest person will be found out! Now who will be bit in the but?????? Now that folks...is just plain creepy!!!

Thank-you Elizabeth! Finally some one else speaks the truth! So you think I am being hostile huh? Here is another ex-employee from Linens 4 You that still hasn't been paid! Only I will not simply send e-mails..I will have an attorney handle this one. If you are owed 700.00 sweetie get yourself a good lawyer because this just isn't right! That is a lot of money for you to not be paid! Good luck and keep me updated!

Thank-you for your kindness. I did all that you suggested ..already. But it didn't work. That is why I posted my complaint on here a s a last resort. The person who posted on wham was aware of my post on here that is why it coincided. But like I keep saying(and the owner of the company knows as well) it wasn't me! No one put anyone up to anything! The person who did all the posts on WAHM also worked for this company and was treated unfairly.

If you look under the postings in telecommute section there is another post called SCAMS and it is from a completely different person who also apparently worked for this company and had a hard time. You are an employer so I can see why you are favoring the employer. Did it ever occur to you that there are employees out there that are not being treated fairly or are not being paid? It is going on 4 weeks now and still...nothing. Playing hard ball doesn't mean being hostile, it simply means contacting a lawyer or perhaps filling out that form from the irs site that Steve suggested! I don't think that trying to get money owed to me is being hostile!

GOOD LUCK getting paid!! I worked for Elena back in September 2007. She currently owes me approximately $700 for the work I did for her. I put up with ANGRY customers, I put orders through, I tracked orders down. I listened to her tell me over and over again that she was waiting on a loan and she'd get me paid asap. I never did get paid. Ever. I have sent her countless emails, all of which she ignores. If we can ever get paid, and if half the customers she owes money to can ever get their refunds, IT WILL BE A MIRACLE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

GOOD LUCK getting paid!! I worked for Elena back in September 2007. She currently owes me approximately $700 for the work I did for her. I put up with ANGRY customers, I put orders through, I tracked orders down. I listened to her tell me over and over again that she was waiting on a loan and she'd get me paid asap. I never did get paid. Ever. I have sent her countless emails, all of which she ignores. If we can ever get paid, and if half the customers she owes money to can ever get their refunds, IT WILL BE A MIRACLE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

GOOD LUCK getting paid!! I worked for Elena back in September 2007. She currently owes me approximately $700 for the work I did for her. I put up with ANGRY customers, I put orders through, I tracked orders down. I listened to her tell me over and over again that she was waiting on a loan and she'd get me paid asap. I never did get paid. Ever. I have sent her countless emails, all of which she ignores. If we can ever get paid, and if half the customers she owes money to can ever get their refunds, IT WILL BE A MIRACLE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

GOOD LUCK getting paid!! I worked for Elena back in September 2007. She currently owes me approximately $700 for the work I did for her. I put up with ANGRY customers, I put orders through, I tracked orders down. I listened to her tell me over and over again that she was waiting on a loan and she'd get me paid asap. I never did get paid. Ever. I have sent her countless emails, all of which she ignores. If we can ever get paid, and if half the customers she owes money to can ever get their refunds, IT WILL BE A MIRACLE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I was attempting to post an employment ad when I came across the comments posted on the Wahm boards. Of course, since it referred to this site, my curiosity was sparked and I feel that as a successful business person I can add some insight to the problem and assist you in getting your problem resolved. Since I posted my comment, I am advised of the updates and being my nosey self, felt that I can help clarify incorrect information.

You mention that you are not hostile but you end your last post with "Steve, I guess I am going to play hard ball!"

I have been on both sides of the coin and I thought I have been giving you constructive advice but since you seem to get offended by anything anyone else says, I will refrain from commenting any longer and this will be my last post.

What I have been saying all along is to PLAY NICE... You can try to play hard ball but you better be prepared for possible surprises you may not even be aware of. You don't know what they might have on their side of the fence. You might lose the battle and the war. Just be professional and communicate. If you don't understand fully why you have not received your pay, inquire nicely. Don't blow things out of proportion. Work things out..

These kinds of topics interest me deeply because I am an Employer and through proper communication and professionalism from both parties, ex-employees have become future employees.

What I am saying again. Don't burn your bridges. Attempt to work things out. It will make you feel so much better in the long run. Right now you are just consuming energy being angry at the company. Use that energy to think positively and to work constructively. I am Asian and our beliefs and philosophies are engulfed around universal peace and harmony. THINK POSITIVE!! Contact your employer, communicate with them and resolve your issue. You will not get anything accomplished by posting stuff on this board.

Well, this will be my last communication to you. Once again, I wish you the best of luck.

First to WAHM from Conn. ....

I have not been hostile . Anyone can read my posts on here and see for themselves. You have been the hostile one! Second you keep insisting that I did those WAHM posts. If you choose to believe this even after I mentioned I didn't ..your problem.

Tinkerbell...For the second time...This was not my company. I was paid by an employer. This was not my company. Self employed does not necessarily mean that it is your company. I can't believe how naive you are. I have never been hostile. I only want to be fairly paid! This is none of your affair. I wonder why you are taking so much of your time to get involved. Hmmmm...sure makes me wonder!

Thanks Steve....I may have to play hard ball!

First to WAHM from Conn. ....

I have not been hostile . Anyone can read my posts on here and see for themselves. You have been the hostile one! Second you keep insisting that I did those WAHM posts. If you choose to believe this even after I mentioned I didn't ..your problem.

Tinkerbell...For the second time...This was not my company. I was paid by an employer. This was not my company. Self employed does not necessarily mean that it is your company. I can't believe how naive you are. I have never been hostile. I only want to be fairly paid! This is none of your affair. I wonder why you are taking so much of your time to get involved. Hmmmm...sure makes me wonder!

Thanks Steve....I may have to play hard ball!

Steve, here is where the question lies. It will be extremely difficult to prove that Ms. S. was an employee if the following has occurred:

1. Taxes were not removed from her paycheck (and she agreed to it);
2. The Employer filed a 1099;
3. Her hours varied from time to time and she did not have a fixed hourly schedule.

You are wrong where hiring an independent contractor is illegal. I am am Employer and run a pretty big shop and have consulted this many times with both my tax consultant and attorney and it is absolutely legal to hire independent contractors. We hire project based individuals all the time. Of course, the independent contractor is fully required to file and pay their own taxes.

As for unemployment, an independent contractor is really out of luck with unemployment. If taxes were not deducted out of their paychecks, there is no accumulation of available funds of which they can withdraw from (unless the previous employers deducted from paychecks).

In addition, by filing an unemployment claim, the Employer will have the right to respond and if they have sufficient proof and documentation (of which they usually do) of the reason for the individual's discharge and if the Employer can prove any falsification of any pay claims made by the individual, you are pretty much out of luck.

Our attorney is an expert on Employment law and I will forward written articles by him in this respect. Although it may not be fair, most states are Employer states which means the laws are geared more to protect the Employer than the Employee.

My sincere suggestion is why cry over spilled milk. Why add fuel to the flame? The goal is to find out why Ms. S has not been paid and the objective is to get paid. Respectful communication is the key. Contact the Employer and calmly and professionally have the problem resolved. I have always been a fair employer and my staff have always been able to get more from me doing it the right way. If you keep on pondering over the negative, things will never get accomplished. I am sure the Employer would love to have this issue closed and go on back to business.

Tinkerbellnavy

Steve, here is where the question lies. It will be extremely difficult to prove that Ms. S. was an employee if the following has occurred:

1. Taxes were not removed from her paycheck (and she agreed to it);
2. The Employer filed a 1099;
3. Her hours varied from time to time and she did not have a fixed hourly schedule.

You are wrong where hiring an independent contractor is illegal. I am am Employer and run a pretty big shop and have consulted this many times with both my tax consultant and attorney and it is absolutely legal to hire independent contractors. We hire project based individuals all the time. Of course, the independent contractor is fully required to file and pay their own taxes.

As for unemployment, an independent contractor is really out of luck with unemployment. If taxes were not deducted out of their paychecks, there is no accumulation of available funds of which they can withdraw from (unless the previous employers deducted from paychecks).

In addition, by filing an unemployment claim, the Employer will have the right to respond and if they have sufficient proof and documentation (of which they usually do) of the reason for the individual's discharge and if the Employer can prove any falsification of any pay claims made by the individual, you are pretty much out of luck.

Our attorney is an expert on Employment law and I will forward written articles by him in this respect. Although it may not be fair, most states are Employer states which means the laws are geared more to protect the Employer than the Employee.

My sincere suggestion is why cry over spilled milk. Why add fuel to the flame? The goal is to find out why Ms. S has not been paid and the objective is to get paid. Respectful communication is the key. Contact the Employer and calmly and professionally have the problem resolved. I have always been a fair employer and my staff have always been able to get more from me doing it the right way. If you keep on pondering over the negative, things will never get accomplished. I am sure the Employer would love to have this issue closed and go on back to business.

Tinkerbellnavy

Steve, here is where the question lies. It will be extremely difficult to prove that Ms. S. was an employee if the following has occurred:

1. Taxes were not removed from her paycheck (and she agreed to it);
2. The Employer filed a 1099;
3. Her hours varied from time to time and she did not have a fixed hourly schedule.

You are wrong where hiring an independent contractor is illegal. I am am Employer and run a pretty big shop and have consulted this many times with both my tax consultant and attorney and it is absolutely legal to hire independent contractors. We hire project based individuals all the time. Of course, the independent contractor is fully required to file and pay their own taxes.

As for unemployment, an independent contractor is really out of luck with unemployment. If taxes were not deducted out of their paychecks, there is no accumulation of available funds of which they can withdraw from (unless the previous employers deducted from paychecks).

In addition, by filing an unemployment claim, the Employer will have the right to respond and if they have sufficient proof and documentation (of which they usually do) of the reason for the individual's discharge and if the Employer can prove any falsification of any pay claims made by the individual, you are pretty much out of luck.

Our attorney is an expert on Employment law and I will forward written articles by him in this respect. Although it may not be fair, most states are Employer states which means the laws are geared more to protect the Employer than the Employee.

My sincere suggestion is why cry over spilled milk. Why add fuel to the flame? The goal is to find out why Ms. S has not been paid and the objective is to get paid. Respectful communication is the key. Contact the Employer and calmly and professionally have the problem resolved. I have always been a fair employer and my staff have always been able to get more from me doing it the right way. If you keep on pondering over the negative, things will never get accomplished. I am sure the Employer would love to have this issue closed and go on back to business.

Tinkerbellnavy

It seems to me that if you were not paid, everyone in this company's employ would not be getting paid and there will be no one working. Obviously, no one works for free.

If you are the only one not getting paid then there might be a deeper issue you are not revealing... If a company does not pay one, they don't pay everyone... You won't be excluded unless there is a problem.

Like I previously stated. Play nice. You get more out of honey. What harm will it do?

If you are already accusing them of not paying you, why even bother to pay you at all? You know what I mean?

If they are being updated of all this commotion, I am sure you are not on their best employee's list. Communication is the key. Forgiveness is the key. Misunderstandings often happen and everything can be corrected with proper, business etiquette and communication.

Best of luck to you...

Wahmgirl,

First of all an independent contractor and an employee are 2 totally different things. You cannot "hire employees as independant contractors" as you stated.
This is illegal, although many attempt it due to ignorance and greed.

The very first thing the OP needs to do is go to the IRS website or the local IRS office and obtain form # SS-3 - "determination of worker status". Fill it out truthfully and in as great of detail as possible, Make a copy for your records and mail in the original. You will get a determination as to whether you were actually an employee or an independent contractor. The USDOL has a similar determination that can be made via a checklist/questionaire.

Just because someone calls you an independent contractor, does not make you one. In MOST cases the determination comes back that you are/were an employee. At which time the "employer" gets hit with fines, as well as having to pay your entire SS tax, as well as backdated unemployment insurance premiums and workmans comp premiums.

You can also file a wage claim with the USDOL and/or the State of Florida wage and hour division, as this will get the ball rolling to get your money. You can start this online.

Also, file for unemployment! Even though you quit, you can get unemployment if your employer withheld wages causing you to quit. Do this right away. You can do it online in about 15 minutes.

Do not mention anything to them about being an independent contractor, and just go on the assumption you were an employee. here's why.

1. If ANY work rules, shifts, schedules, etc.. were imposed on you, you were most likely an employee.
2. If anything at all you needed to perform the work was provided to you, you were most likely an employee.
3. Did you sign a contract with the terms of your being an independent contractor? If not, you were most likely an employee.

It is a very common scam where employees call workers independent contractors to get out of meeting their obligations. It is illegal, and most goverment agencies are now catching on. People are getting prosecuted criminally, and shut down entirely. They can have assets seized under RICO as well.

Time to play hardball! Good luck!!


>>>
Wahmgirl
Bloomfield, Connecticut
U.S.A.

SUELLEN - ANONYMOUS - YOU ARE WRONG - I AGREE WITH AMY'S POST
I agree with Amy's post. This ripoff report was created in retaliation to this company. I am also a member of a work at home board and have viewed comments and postings by both sides. Ms. Suellen, do you realize that as an employee of this company, this company could opt to also post a ripoff report under your name? Most of these companies hire employees as indepedant contractors and as an independant contractor you are self employed and running your own business. By running your own business you can also be reported in a ripoff report.

By writing these kinds of postings you are exposing yourself in not being hired by anyone else. Some work at home companies do background reports. Would you like your name to be exposed? Luckily, this company has been courteous enough not to post any negative comments about you. If I would of been the owner or operating manager, I would of reported you right away and avoid other company's having to go through this. You are and have been extremely unprofessional. Furthermore, by posting comments such as yours, you are just creating delays in resolving any problems you may have with this company. If you play nice, they are likely to resolve your problem quickly and in an amicable manner.

Work at home jobs are some of the most difficult jobs to find. There are more work at home individuals than there are jobs out there. I am sure that with these postings of yours, this company plus many others will refrain from listing jobs and it will affect all of us. What will happen is that they will opt to hire local employees and leave us work at home employees to dry. Think about it when you decide to post comments such as these. You are only affecting yourself and your future.

And no, I am not the employer of the company. This is the excuse that you have made to other rebuttals rebuttals. I am simply a WAHM member that has discussed these comments on the Board. Luckily, the negative postings were removed by the Moderators. Shame on You!!
>>>

Tinkerbell is right. Admit it. You did file those comments on wahm or had a friend do it... It is too much of a coincidence that you would post the same things on these reports... Maybe you did not do it directly but indirectly. SAME THING!!!!

By your attitude, I can see that there is definitely more to this story than meets the eye. You are hostile and interpret everything that is stated as an attack.

I don't even think that if the Company were right and you were wrong, you would be likely to admit it.

By your responses, I honestly feel you are the problem. I would pay bucket loads to get rid of you..... Good riddance!! Better now than later...

I do hope Wahm employers discover your identity and keep from hiring troublemakers like yourself.

What goes around comes around. Life will bite you right back. Don't worry, I will no longer bother responding to your lame excuses.... However, I will make sure I find out your identity and spread the word around...

Did you know employers blacklist???

Have a nice life. OVER AND OUT.

In response to EMPLOYER:

Here again: I never slammed this company in WAHM!! This about the 4th or 5th time I have had to repeat myself! Can anyone read here? ( Kristie , apparently you are the only one that can) I do not think that requesting 3 weeks money owed to me is slandering a company. I think it is reasonable request! I was also a top notch employee who went out of her way , above and beyond most others. There would simply be no reason not to pay me unless the company was experiencing difficulty with finances and failed to be forthright in this matter. I have proof through an email that the employer thought very highly of me. At this point I choose not to post the email, but I will if need be! I was never fired from the company, the person never said one word to me. I quit because I was not receiving my pay. Here it is going on the fourth week...and still...nothing. Like Krisitie mentioned...why is everyone so quick to blame the employee? there are other employees that had problems. One of which was "let go" without a single word mentioned . Another because this person attended a funeral. When this person returned...no job! If a company has an F rating it had to get there somehow! As far as slandering me? For what? Requesting that I be paid? C'mon...you obviously don't think that I would just stand by and allow some one to get away with not paying me, would you? If so then perhaps you may have a problem! Have a nice day!

Ladies and Gentlemen:

Ms. S, I don't agree with you that wahmgirl was threatening you. In reviewing her comments, I don't feel she was threatening you at all. I believe that what she meant is that doing something like this might bite back at you.

Employers don't withhold pay unless something has happened. In fact, when someone has been discharged, the employer wants to close those doors and go back to their normal course of business and start anew.

If you have been accused of theft, destruction of company property, etc., then you have a problem in your hands but in most cases employers just forget about and go on.

One rule of thumb for the future, play nice. As much as you feel that you want to ruin this company, they can do the same to you. I don't think you would like to have your name splattered all over the internet with the same malicious intent you have done. With background checks and request for references, something like this can highly damage you. It is different for a company because companies will have good ratings and both bad. As a business owner, you can never please everyone all the time. If you do a search on this website you will see reports for Target, Walmart, Bed, Bath, and Beyond and most of the larger and smaller companies out there. It is extremely different for an employee like yourself. Your name on one of these boards can be extremely damaging.

I say, reconcile with the company. Make peace and you won't feel like you have to be looking over your shoulder all the time. Another thing, stop it!! Stop your negative postings. Wahmgirl is right. You are lucky that they have not done the same to you. Think about your future and just let things be.

My opinion is that if I were to hire someone and and in my due diligence found a report from an employer of an employee for slandering, I would not even bother to hire them. Just because I would not want any headaches. Employees like you are considered as troublemakers. No company wants that. The best of luck to you.

P.S. Don't post this stuff on WAHM or any other employment board. I am hesitant to hire from these boards because stuff like this makes me believe that wahm members are psychologically unstable. It really does affect the serious employee that desperately needs a job.

Kristie, have you considered that the Company may not feel that they should even bother with such frivolity? Maybe by filing a rebuttal they will have to persecute their ex-employee of which they don't feel it is appropriate.

I don't think they should dispute such stupidity since it is obvious it was filed with malicious intent.

I think the company has behaved very honorably. If I were the employer, I would of reacted with the same malicious intent. She is lucky they are not throwing HER name maliciously all over the web.

Kristie, have you considered that the Company may not feel that they should even bother with such frivolity? Maybe by filing a rebuttal they will have to persecute their ex-employee of which they don't feel it is appropriate.

I don't think they should dispute such stupidity since it is obvious it was filed with malicious intent.

I think the company has behaved very honorably. If I were the employer, I would of reacted with the same malicious intent. She is lucky they are not throwing HER name maliciously all over the web.

If this is truly what happened to you than I am so sorry. And I suggest you contact an attorney to see if you have any options that will not cost you more than you are owed. As for the other two posters when I read things like what you wrote I am ashamed to say I am a women. First of all do you have absolute proof that Suellen was the one that posted on WAHM no I don't think you do you are assuming and we all know what that does. Is it not possible that this employer has done wrong to more than one employee. Why is it that you automatically jump to the side of the employer? It makes me wonder what you are getting out of it.

Let me ask you two something if you worked at a bank or a big auto plant and they owed you 3 weeks pay would you not do anything you could to get it. Why is this any different? I don't care if you are contracted or not it is illegal for someone to not pay for work done as agreed. How would you feel if you were done this way?

Now with that being said I am not taking sides I have no clue who is right or wrong I have not seen absolute proof either way. But I am leaning towards Suellen since I have not seen the employer try to rebut and clear her good name.

Also Suellen if you are being truthful I am sorry. If you are not then to Linens 4 You I am sorry that you had to deal with this and that your reputation could be tarnished for something someone lied about.

I do wish you luck because you are going to need it.

Wahmgirl

Sounds like a threatening remark. I have never once made a threatening remark. All I asked was for this company to pay me. And since you are so keen on insinuating that I am the one who slammed this co. on WAHM....prove it! Now who is the foolish one?
Could it be you? Thought so!

Your response has just shown what kind of person you are and that indeed you are falsifying reports. Now you are claiming you had no part of the comments placed on the Wahm Boards... and coincidentally those messages referred to Ripoff.com and lo and behold here are some malicious comments that were exactly posted on the Boards... Coincidence or not? I think NOT!

Oh, and now wahm is a joke board? You did not consider it a joke when you posted your slams against Linens4you.

Grow up Lady! You obviously are not religious or do not have any moral ethics. Remember what goes around, comes around..

I do wish you luck because you are going to need it.

Wahmgirl

Dear Wahm girl:

You are treading where you have no business treading. You do not know the whole story. And once again I am not the arbitrator of all the slamming on WAHM. The person was some one else completely. So shame on you because you don't have all the information correct. I suggest you mind you own business and do what ever it is that you do. Do you do anything? You obviously have a lot of free time on your hands to put your nose where it doesn't belong. Go back to your little WAHM site and talk to all the other women who think they know what is up. I personally think that whole site is a joke anyway!

I agree with Amy's post. This ripoff report was created in retaliation to this company. I am also a member of a work at home board and have viewed comments and postings by both sides. Ms. Suellen, do you realize that as an employee of this company, this company could opt to also post a ripoff report under your name? Most of these companies hire employees as indepedant contractors and as an independant contractor you are self employed and running your own business. By running your own business you can also be reported in a ripoff report.

By writing these kinds of postings you are exposing yourself in not being hired by anyone else. Some work at home companies do background reports. Would you like your name to be exposed? Luckily, this company has been courteous enough not to post any negative comments about you. If I would of been the owner or operating manager, I would of reported you right away and avoid other company's having to go through this. You are and have been extremely unprofessional. Furthermore, by posting comments such as yours, you are just creating delays in resolving any problems you may have with this company. If you play nice, they are likely to resolve your problem quickly and in an amicable manner.

Work at home jobs are some of the most difficult jobs to find. There are more work at home individuals than there are jobs out there. I am sure that with these postings of yours, this company plus many others will refrain from listing jobs and it will affect all of us. What will happen is that they will opt to hire local employees and leave us work at home employees to dry. Think about it when you decide to post comments such as these. You are only affecting yourself and your future.

And no, I am not the employer of the company. This is the excuse that you have made to other rebuttals rebuttals. I am simply a WAHM member that has discussed these comments on the Board. Luckily, the negative postings were removed by the Moderators. Shame on You!!

wahmgirl

If I have made an error then I will humbly apologize to this company! As of this date I still have not received any of three checks owed to me. As soon as I receive these checks I will clear this company's name of all negative remarks.

My apologies...I thought you were the owner who rebuttaled back. But for the Record..since you don't know the whole story it wouldn't be fair for you to accuse some one for falsifying information. And the owner of this company knows I wasn't responsible for posting all that stuff on WAHM. My advice is to stay out of this one. If this isn't Amy and it happens to be the CEO of Linens 4 You..all I ask is that I be fairly paid. Since when has asking to be paid for 3 weeks worth of work become "creepy" or "scary". I think its strange that one would even think it's scary for another to expect to be paid what is fairly owed. Thank-you and have a nice day!

First of all your information is incorrect. Second of all the person(s) who did this chose to reveal only the truth! I have a wonderful and fulfilling life. It's funny: as soon as a dishonest person is exposed they try to lie to cover up their lies and they ALWAYS behave like they are insulted and they are being accused...when they have been the one in the wrong the entire time. I think that is more "creepy" than anything else. I just checked my mail and of course...no pay checks are in it. The bank told me they never had my correct address when you sent me a false statement with the alleged address on it. Also ..in one of your last e-mails(which I have on record) you stated that you falsified information to me. So you see folks....eventually a dishonest person gets sloppy and the truth comes out! All I want is the money owed to me and I will gladly tell all that I have been paid .

Linens 4 You recently posted an ad in WAHM (working at home moms). I had to curiously come to this site because this same individual was slamming this company by mentioning Ripoff Report, etc.. So vicious were the postings at WAHM that the Moderators removed them and once the Moderators removed them, then they started up again. It is obvious that this individual has falsified this report for WAHM Members. She referred to this posting because she knew she had already planted a false report.

My advice to this lady. Give it a break! You are making yourself look like a fool. If you were not happy, fine but stop posting this crap all over WAHM. The members feel you are foolish and know that your postings are based on retaliation.

If you feel you are helping WAHM members, you are not. In these times, there are a whole lot of people that really need work and no matter what you do they will apply for whatever job. Let them figure it out themselves if the company is for them or not but I think you are very unethical and immoral to be doing this.

By your actions, you are only proving to outsiders that you don't have a life and that maybe they fired you because you were a nut case. Take it easy lady. There are much more things in life to focus on than on doing bad to others.