Not being paid for work completed

[Cleaning_guy]

I worked for a property maintenance business for about 18 months, cutting grass and cleaning parking lots. I did start off on my own on May 15, 2007, and took over the parking lots from my employer as he wanted out of that area. I also had a verbal agreement w/ the Property manager to take over all the lots.

Things went very well, up until Aug of this year.
the property manager I now did work for, was constantly late on paying, and I had found that he had been sued numerous times, as well as filed backruptcy in 2000.

This prompted me to demand payment as of aug. 6th ( iwas to be paid by the 30 of every month, ie. June's work, paid July 30th.).
I received an email stating checks would be mailed out Aug 8th. I demanded my by the 8th., or would suspend services.

I did receive a letter Aug 11th releasing me from continued service, dated the 8th.

To date, i have received numerous emails saying I would be paid, and in fact have been paid for the one week of Aug, service, as well as the july invoice by mid Sept. I have since not heard anything or yet received June's payemnt of $2850.00

All emails are ignored as are all phone calls, unless we call from a different number. The last conversation I had w/ the secratary had payment here by the 15 of October, the latest.

Should I sue for for my money, and if I do, can I apply late fee's/ interest?

CAN I sue since we never had a written contract, but I do have paid invoices from June of 07 as well as numerous emails work related.

Or should I just wait?

The worst part is, we have contacted the real estate companies involved as well as the main tenants in the shopping plaza's, and they have assured us the property manager has indeed been paid to date.

isn't this theft on his part?

Sorry for the length, appreciate any advice.
Thanks, Cleaning guy

 

[Michael Wechsler]

If what you are saying is true and it were me, I'd probably just file a suit in small claims court and get it over and done. Make sure that you have the right company name and address (should be the one on your checks.) Enough nonsense. Good luck.

 

[Cleaning_guy]

thanks for the reply, and yes, it is definitley true.
The guy I worked for was released right after myself, and the same property manager owes him over $8000., half of that from last year, he was supposed to be making payments on.

apparently this manager found someone 'cheaper'.

the two of us are also wondering if we can sue him together, or if we should just use each other as a witness.

if your wondering why, we both kind of waited for our money, the guy has always been late, the last year or so with me, and the last 2 years / the other guy, but eventually we got paid.

He seemed to be trustworthy, as he swears to his religion.
Unfortunately, I am now convinced he uses religion as a way to gain indiviuals trust, which in itself, is pretty low handed and disgusting.

 

[Michael Wechsler]

You need to sue the employer separately but, if you sue on the same day, chances are you can arrange for a court date with the clerk to be on the same day. This way you can each testify at each other's case and in front of the same judge/arbitrator. My guess is your ex-employer may not even show and your cases will bolster each other. Having a witness in the same predicament is deadly and can show an intentional act.

Here is a GREAT relatively unknown tip: If the two amounts your friend is owed are for significantly different times (which it seems they are), file two cases in small claims court. This way you'll be within the total but they will actually be technically two different transactions. The employer can argue all he wants but any judge/arbitrator can easily rule that they are, technically, two different claims. Nobody wants to see this kind of thing happen.

Best of luck to both of you.

 

[Cleaning_guy]

thanks again for the advice

should we also call the real estate companies who actually pay the manager, and ask for
a letter stating that he has infact been paid? that was one of the excuses he has used, not being paid yet himself, (besides an internal audit, checks stolen, etc etc)
or should we have them subpeoned as well.

Also, i contacted the corporate office of one the larger tenants in august, who in turned contacted the store manager of a property to tell them my problem.
In a phone message to me, the store manager stated that he talked to the property manager, and was assured we would be paid, he also stated that he had his own version of events.

He did not clarify the comments to me when I called him back and pressed him for them, but can I or should I pursue slander charges?

I really do not appreciate what this guy is doing/has done to my family and myself,
and really want him to get that point.