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Ask HN: Getting Paid.

9 points by martin_snyman ↗ HN
Probably been asked a million times. Actually, I've only now joined the hn after ages of trolling -- just to ask this.

Suggestions to ensure I receive compensations due after leaving US employer.

(p.s. Am a foreign (South African) who completed work for US company)

11 comments

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bartonfink
Lawyer up. Get a lawyer who specializes in employment law and get them to handle it - they're certainly going to know more about your possible remedies than the internet will, and are much closer to being able to do something about it on your behalf than we are.
martin_snyman
I was reluctant to pursue this option only because a) USA is far from where I am. b) Costs of getting law involved has been prohibitive... when compared to outstanding amount c) Contractually I'm in deep water (my own fault).
duiker101
If it's a contracted work and you have piece of paper i suppose you should be fine against scam, but you cannot be always 100% sure that the company has actually the money. that's why you should ask for something at the beginning.
patio11
Step 0 is to formally demand the money, either by issuing them an invoice (if that was your normal practice) or a written demand letter. Email should suffice at this stage.

Odds are strongly in your favor that they'll simply pay, perhaps after taking a bit of time.

Escalation options abound if they refuse to pay.

ColinWright
Several things aren't clear from your post:

* Do you have a contract?

* Have they agreed how much they owe you?

* Have you asked for the money?

* Have they refused to pay?

It sounds like you're asking now to avoid a problem in the future, but you should make that clear.

gooddaysir
I'll assume you already did step 0 that Patio11 described, and they haven't paid you and aren't returning your calls.

I've been down this road so I completely empathize with you. I can also say that I have always been paid in the end. My advice is good.

Go to the employer (where the office is) and ask for payment in full. You need to be extremely clear. Do not say please or thank you. Look them square in the eye. Channel Clint Eastwood if it helps.

Do not call in advance. Wait in the lobby if the person who hands you the cheque isn't there or in a meeting. If the secretary says he/she won't be back until Tuesday, return on Tuesday and again demand payment in full.

Be firm and respectful but not polite. If they continue to evade you, call and email them stating that if you are not paid in 24 hours (no longer) that "x" will happen. You decide what "x" is. Usually I promise to report them to the Better Business Bureau and/or take down their website if its on my server. Stuff like that. Never, promise something you won't go through with.

The last step is small claims court. Hopefully it doesn't get to that. I suggest you do this yourself and not consult a lawyer until you really need one.

loumf
(as an aside, what you were doing on HN is lurking, not trolling -- lurking is reading without posting, trolling is making posts that purposely disrupt the conversation)
martin_snyman
Thank you all for the advice... Certainly beneficial.
meatpopsicle
Non-Union Lawyer here.

Contracts are never set in stone; all you need to do is make a new offer to this employer. Do this by sending them (CEO/CFO/Manager) a Notice. Call it "Notice of Private International Remedy Demand." (this is patio11's step 0.) Tell him that they owe you $NUM for services rendered (triple damages are not uncommon), and that they have 10 days from receipt of the notice to pay you, or swear in an affidavit (under penalty of perjury) that they don't owe you that money. Tell them that if they don't respond, a default judgement will be rendered, and a commercial lien may be filed with the Secretary of State's office (in whatever state they're registered).

if they don't respond in 10 days. send a second notice, keep everything but the date and the title (NOTICE OF FAULT IN DISHONOR - OPPORTUNITY TO CURE).

if they don't respond again in 10 days, file a UCC-1 Financing Statement, listing the CFO/CEO/Manager as lien debtors, and a copy of all paperwork you sent to them, with the Secretary of State's office. This lien is now considered an Asset.

Then contact a bank in your area, and let them know that you have a lien filed against these parties, and would like to sell the lien to their bank, so they can collect on it for you.

Hope this helps.

lifeguard
This is excellent, but I would add legal documents must be properly served to have legal force. Two easy ways to do this are 1) send a FAX and keep the "FAX received" confirmation with time stamp 2) send an anonymous looking fedex requiring signature of CEO by name but don't include CEO in the address, just name. Be sure to get signature confirmation from fedex.