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Discussion Starter #1
<P style="MARGIN: 0px">I was hired by a company, that is&nbsp;based in Atlanta, to do Telecoms work for Cingular in Dallas, of which they had a contract with.&nbsp;We were all&nbsp;to be paid with a 1099, not as an employee. After several weeks,&nbsp;all of us on the project learned that we would not get paid and consequently we all&nbsp;resigned. Can anyone suggest as to what legal action I may take? Or&nbsp;how, and where,&nbsp;to file a claim? What agencies to notify about this unscrupulous company? Etc.</P> <P style="MARGIN: 0px">&nbsp;</P> <P style="MARGIN: 0px">Your help will be appreciated because it will help me pursue going after this company as so many of the Field Tech's are poor boys who don't have the means, nor the "where-with-all" to fight back, so I intend to do it for all of us.</P> <P style="MARGIN: 0px">&nbsp;</P> <P style="MARGIN: 0px">Thanks &nbsp;</P> <P style="MARGIN: 0px">&nbsp;</P> <P style="MARGIN: 0px">Jim</P>
 

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<P>I would start with the better business.&nbsp; they should be able to help you out</P>
 

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<P>file a claim with the better business bureau, then seek legal counsel with as many workers you can and file a class action suit againt the company for lost wages and attorney fees. Between the group you can each pay a little of the attorney fee instead of one person paying a bulk retainer fee up front. Contact your states attorney generals office, or the states attorney generals office in the state you did the work in if not your home state. That will get the ball rolling for you.</P>
 

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<P style="MARGIN: 0px">Read the contract you signed with the company who owes you money.&nbsp; It may provide that you must submit your claim to binding arbitration and/or file suit in an particular state.&nbsp; If it requires arbitration before suit, then that's what you have to do first.&nbsp; If it does not require arbitration, but requires you to sue in a particular state, then that's what you must do.</P> <P style="MARGIN: 0px">&nbsp;</P> <P style="MARGIN: 0px">Talk with an attorney who is located in the state where the contract says you must pursue your remedy.&nbsp; If you have no contractual provisions requiring arbitration or suit in a specific state. then normally you sue in the state where the debtor has a place of business or&nbsp;where the contract was made.</P> <P style="MARGIN: 0px">&nbsp;</P> <P style="MARGIN: 0px">You should also check with an attorney where the&nbsp;work was done to see if you have any right to file a mechanic's lien.&nbsp; Since this is time sensitive (in most&nbsp;instances here in Ohio&nbsp;60 days from the date the last work was performed), you need to get in contact with the attorney quickly.&nbsp; </P> <P style="MARGIN: 0px">&nbsp;</P> <P style="MARGIN: 0px">In any case, I doubt you will have much success without an attorney as the attorney general's office and BBB are generally concerned with consumer complaints and problems, not disputes between contractors.</P> <P style="MARGIN: 0px">&nbsp;</P> <P style="MARGIN: 0px">I have seen many instances where contractors make it a standard practice to beat subs out of at least some part of the money owed to them.</P>
 

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<P style="MARGIN: 0px">Gentlemen,</P> <P style="MARGIN: 0px">&nbsp;</P> <P style="MARGIN: 0px">Thanks for your help. But now this weasel company from Atlanta, filed a report in Dallas, Texas, where I was working, stating that I stole $20,000 of equipment. Of course this is fabricated by the physco from the home office that has already cause two other groups to leave the project. But what does having a police report of stolen goods in Texas mean to me in Ohio? Will it be forward to my hometown police department&nbsp;in Ohio? Should I have any concern over this false report?</P>
 

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<P>I'd be concerned over any report whether false or true. It could potentially (I would guess) used to keep you from buying guns if the Feds end up with the info and put it into the databases.</P>
 

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<P>If the company in fact did file a police report against you, they will more than likely also request a warrant for your arrest. Depending on the circumstances they may or may not extradite you to Texas to answer the charges. Or if you went back to Texas to file suit against the company they could contact the local police agency and they would arrest you while you were in Texas. You can call the police dept there and request a copy of the report, it's public free information. If they want to play hard ball, then file a freedom of information for the report, then they have to give it to you because they are a government agency. You won't be able to file a police report in Ohio for something that happened in another state. You have to file your report in the jurisdiction in which the incident occurred. You better contact that states attorney generals office fast.</P>
 

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<P style="MARGIN: 0px">I called the &nbsp;Police in Texas and they said&nbsp;that the company couldn't file a complaint against me,&nbsp;as it is a civil issue, not a criminal issue. So there is no police report as&nbsp;I had been told by the company. This is just one more of the thousand lies already told by them. The goods were given to me to do the job that I was contracted for, and now since they refuse to pay me, I am within my legal right to&nbsp;retain any goods given to me, as per the Police. Any&nbsp;disagreement goes to civil, not criminal, court, if they want to pursue it. I am out a lot of money but I have something they don't, I have integrity.</P> <P style="MARGIN: 0px">&nbsp;</P> <P style="MARGIN: 0px">I really appreciate all of the information you guys give.</P>
 

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<P>Check your contract if there is one. But beware.... Police cannot get involed in civil litigation at any level. If you have items that belong to the company that you were working for and now you are holding them for leverage, you more than likely are violating the law in that state, though it may be civil, you can't hold items as a bargaining tool to get what you want. Again I would contact the Better business bureau and that states attorney generals office. The attorney generals office does deal with company and corporate fraud cases, though you were told by a previous writer that they don't get involved in these matters. They will also tell you the best course of action to take and may even give you some phone numbers of persons to contact. If it were me, I would contacting the local legislator for that area and let him/her know whats going on and work your way up the ladder. Politicians don't like getting pressure from the public. I'm sure a fair remedy can be worked out. You have something they want back and they have something you want a <STRONG>CHECK&nbsp;</STRONG>for your services. Give it a shot</P>
 

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<P>Lets stop slinging Ohio law around......... The incident regarding the wages did not occur within the state of Ohio, therefore the State of Ohio has no legal jurisdiction to hear the case or change it's venue. In order to sue someone you must go to where the actual person, company or corporation is established. For example, I f I live in town A and the person I am looking to sue lives in town F, 200 miles away, guess what, I have to go to Town F and file my case there, not where I live. If there was a <STRONG>"CONTRACT", </STRONG>first you must establish if it was a legal contract, then you need to determine if it was a binding contract. For example does the contract violate the law, constitutional rights, civil liberties etc, second was there a clause in the contract if you resigned, job wasn't started or completed on time etc..... another thing to remember is, if you have a civil litigation don't accept partial payment, if you do, you could under certain circumstances affect your case and jeoapordize your chances of recovering further damages.&nbsp;Call an attorney in the state where you performed this work, not one in Ohio, Ohio and Texas laws are different. Theft of services does not apply here if there was a contract. Theft of services would be for example I have a cab pick me up at my house and tell him to drive me some place, we get there and I get out of the cab and walk away without paying. A service was performed here, thus a livery service for hire, picked me up and brought me to my destination. I don't pay, boom, theft of services. You had a&nbsp;contract or something in writing I hope, about the job you were to perform, where, when and how it was to be completed. In return for your expertise and labor you would be compensated in a certain, hopefully in u.s. currency. Gotta read the fine print. Hope this helps.&nbsp;</P>
 

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<P>Oh yeah where did the <STRONG>SLAVERY </STRONG>part come in ? It doesn't have anything to do with the case. Police do not get involved in civil matters, and no it's not criminal, you need to be careful how you interpret the law and what statues fit if any. Another thing you may want to try, try contacting the District Attorney Office in Texas, where I believe you stated the work was to be done. Ask to see if they have a victims assistance unit, they are a great resource for civil attorneys and other places you may turn for advice in this matter.</P>
 

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<P style="MARGIN: 0px">It is a bit embarrassing, but it was an urgent status project and I started work with no contract. A week after starting they sent me a contract, but&nbsp;I didn't agree with the terms and I didn't sign it. There was a clause in it that said the contract was considered signed, even if I don't sign it,&nbsp;since I had started work.</P> <P style="MARGIN: 0px">&nbsp;</P> <P style="MARGIN: 0px">The company that is trying to rip us off thinks I have some expensive electronic equipment. In fact&nbsp;I don't, I only have a set of keys and tools valued at around $50.00.</P> <P style="MARGIN: 0px">&nbsp;</P> <P style="MARGIN: 0px">I haven't admitted, or denied, to having anything, but I would like them to think&nbsp;I did so that I could use it as a bargaining chip to get my wages. Am I skating on thin ice?</P> <P style="MARGIN: 0px">&nbsp;</P> <P style="MARGIN: 0px">Since I didn't have a signed contract does that change items mentioned in your emails?</P> <P style="MARGIN: 0px">&nbsp;</P> <P style="MARGIN: 0px">&nbsp;</P>
 

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<P>As you said, you started work without a contract, and the clause in there stated that once you started work for them then you agree to their terms. This is still a contract by this company whether you signed it or not. You are still entitled to pay as long as you submitted your reports on time, if you did not and reported your hours and expenses at a later date, then you would be entitled to pay at or about the next pay cycle. If you did the work to their satisfaction, then you should receive your pay, if there was work not performed to their standard then they more than likely would give you a pro rated pay amount. Their contract says that they will pay you for the work performed. Make a copy of it and find an attorney in the&nbsp; correct jurisdiction. This is tricky because the company is based in Atlanta where I assume the contract was drawn up and you performed work in Texas. Get clarification from an attorney in Texas and one in Atlanta. Just ask them that you have a civil claim and your not sure where to sue due to the company being in one place and the work performed in another. I'm thinking they may tell you to sue in Atlanta. But get clarification first.</P>
 

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<P>What about contacting the attorney general office for both states?&nbsp; I really don''t have much faith in the BBB.&nbsp; </P>
 
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