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Thread: A legal threat

  1. #16
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    Default Re: A legal threat

    well after all said, between the threads, its kinda good publicity for the fore mentioned company. we now know that you will have new equipment, sirus radio, pretty decent pay, 4 wheel drive vehicle, and some other perks, that is more then what can be said about other companies in the industry. I guess it takes someone to cry wolf about getting paid for this to happen. and to all of us that jumped to conclusions without knowing the fact(me included) we should be ashamed, but its hard to actually know all the truth unless we were present when all went/goes down to make judgement.

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    Senior Member sauroke's Avatar
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    Default Re: A legal threat

    Just a question, USIC1, why are you continuing promotion of a company that has a track record of selling out, not backing employees, and continuing down a track of contract implosion? I know you used to work for No Cuts when it was Sprint owned, but now, you are not an employee, you are a number? I only ask, because that is what I did as well.

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    Default Re: A legal threat

    I want to thank Steve and this website for getting me results FAST. I know he asked that we not start another thread or keep this conversation going but I'm itching so bad to rebutt the rebuttal. I read my ex bossís rebuttal and you can clearly read for yourselves that he does not deny any of my accusations. He admits that I gave a two weeks notice and I still got my ass thrown out into the cold in the middle of the night in 9 degree weather. You missed the whole point. I was thrown out into the cold for giving a two weeks notice period. This employer canít hide the facts. What would you have done differently being in my shoes? My first obvious choice: I asked to be taken to the airport and he can take it out my check. He said that I didnít have enough for a flight. I can prove that. That answer right there was a huge red flag that he isnít planning on paying me my 70 hours and damn sure is not helping me get back. He did not offer to pay my bus ticket. The picture is clear here folks of what type of people we dealing with here. The sheriff is not trained in labor laws or employee rights, only domestic disputes. Their only job is to separate the parties involved in an argument as far as possible. Since we were already separated states apart. He asked LF to let this poor guy sleep the night and take him in the morning. What difference does it make that I left at night or in the morning? LF will throw your ass out into the street if you dare quit. I donít care what new equipment and perks a company provides, my paycheck and my family is the bottom line. Easy for him to talk when heís miles away in a nice warm home with his wife while we are in trailers making him money. Philosophy seems to be that if you complain about a company somehow that makes you a crybaby. Easy to say something absurd like that when you arenít wearing the shoes of not getting paid and thrown out in the middle of the night by a mafia.
    I can understand taking the employers side over the complainer since employers pay money to post ads. And we canít call Steve up in the middle of the night, but they can have a direct conversation with him.
    I am happy there are resources to vent and /or take action. Iím grateful that my post stuck around for 24 hours long enough to get this guy to overnight my check. I still havenít received my check but I hope its my full 70 hours and not a penny less. I have the dept of laborís webpage opened up while I wait for my check. I turned everything in, gave my two weeks notice, left the premises as instructed and there should be no excuse for deductions and shady activity. If employer is upset that people are quitting on him, maybe he needs to look in the mirror. There is a reason. If it costs him money to hire people, that is not my problem. Thatís they way business is. You win some you lose some its part of the game. And for the record, I did not stay in a hotel. He will put you in the cheapest motel possible with no continental breakfast. I have evidence. All the uniforms that he claims he bought; he passes that bill to his client since his client is the one demanding people wear the PPE. He claimed he paid me thousands of dollars??? Please I hope you donít actually believe that. He doesnít pay per diem or driving to North Dakota 6 hours. Housing is taken out your pocket. Now I understand why the last three guys did not give a notice and just abandoned the job.

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    Default Re: A legal threat

    I got my check. Line Finders kept $1500 dollars and only gave me a small $400 check for my 70 hours. What a slap in the face and a kick in the gut.

    All hell is gonna break lose now. I'm done talking, Time to take action. I hope you people learn a valuable lesson my inconvenience.

  5. #20
    Mke
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    Default Re: A legal threat

    Steve, I really don't mean to prolong this any more, and please erase as you see fit, but I just wanted to chime in.

    Markit, what did the contract say? I have had my fair share of dealings with employers over contracts that I have signed for employment. Before you go getting yourself into more legal situations, what did the contract say?

    I'm all for makeing sure you get what is owed to you, but when you sign on for a situation, you need to understand that there are variables that will come into play. For example, If I invite you to see a matinee for the newest disney movie, don't you automatically weigh the fact that there will be a crap load of kids screaming in the theater? Likewise for supplied housing units with shared facilities. It's just like college. You are going to have a couple of guys who refuse to wear deodorant. You will probably have a couple who can't stay sober for days at a time. When you read the contract and posting, you should of understood that somethings will be provided, but you have to live with the variables.

    As for you parting ways with the company, its not like prostitution. The old saying goes you don't pay a hooker for sex, you pay them to leave. An employer pays you to stay and work, they don't pay you to leave. If you choose to leave employment, you have to understand that is your choice, and you need to prepare for that choice. I will even liken it to divorce. A coworker of mine has been married 5 times. He told me that during each divorce, he wrote off all of his possesions. Cars, tools, etc... He called it "the price of doing business".

    Don't think I'm siding with the employer. At the same time, i'm not siding with you. I just think a little more planning could of changed the whole outlook on this situation. Good luck with it all.

    mke

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    Default Re: A legal threat

    Failure to pay 30 hours overtime. and unauthorized deductions.

    training or no training I'm up there working for him and not there for volunteer work.

    The law says you can't withold wages even if the employee kept your equipment (I did no such thing).

    He deducted $500 for relocation expenses. He did not mention that when he called to entice me to fly to Wyoming. Pretty much shoved a peice of paper for me to sign after the victim was 2,200 miles from home trapped in an office. I had no choice.

    He also charged me rent when he clearly typed on this forum that I was only there for 3 days in the trailer before getting thrown into the cold.

    He charged me "hiring costs" and the list goes on.

    I was raped. My ass hurts and I am filing out the rape report and kit as we speak.

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    Default Re: A legal threat

    Quote Originally Posted by markit View Post
    Failure to pay 30 hours overtime. and unauthorized deductions.

    training or no training I'm up there working for him and not there for volunteer work.

    The law says you can't withold wages even if the employee kept your equipment (I did no such thing).

    He deducted $500 for relocation expenses. He did not mention that when he called to entice me to fly to Wyoming. Pretty much shoved a peice of paper for me to sign after the victim was 2,200 miles from home trapped in an office. I had no choice.

    He also charged me rent when he clearly typed on this forum that I was only there for 3 days in the trailer before getting thrown into the cold.

    He charged me "hiring costs" and the list goes on.

    I was raped. My ass hurts and I am filing out the rape report and kit as we speak.
    Take a deep breath. I have a little more knowledge of this company and I know you are not alone. You just need to call North Dakota labor rights. They already have lots of complaints against this company. They will get you taken care of. The thing to remember is that you need to stay professional here. What comes around goes around. My advice to anyone wanting to do business with this company or any for that matter is to call and see if they have any complaints against them. I just want to let you know that markit is not just a whiny cry baby. I work with two other locators that came from that company and they had similar experiences and they are some of the hardest working men I know. You need to do what you should have from the start and that is just call ND labor. He will tell them that you did not complete the work...etc. They will determine that regardless of how well he says you worked you still worked and you are owed the money. It is the law. Just stick the the law. In this case the law will help you.

  8. #23
    Conservative Meanie ifinditunderground's Avatar
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    Default Re: A legal threat

    There is a fine line between "Hobby" and "Mental Illness."
    "America isn't free, in America you are free to follow the rules." -Anthony Cumia


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    Default Re: A legal threat

    Quote Originally Posted by ifinditunderground View Post
    haha! Totally made me laugh. I was just thinking the other day at how low key the posts have been too. I guess this has changed that.

  10. #25
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    Default Re: A legal threat

    I didn't post the reasons given to me because they were unsatisfactory as given to me in writing and was hoping the OP would shed some light on the issue. As another poster mentioned Mr. Houghton listed deductions that are not authorized by law in the state of North Dakota, in his letter to me. The letter i just happen to have in front of me right now. North Dakota seems to have seen things the same way I did. Maybe because this is their state law concerning my assertion.

    "Deductions From Pay
    Question: What can be deducted from my wages?
    Answer: Legal deductions include required state and federal withholdings, any items ordered by a court, and documented advances paid to employees. Nothing else may be deducted without the employee's specific written authorization."



    "Last Paychecks
    Question: When does my employer have to pay me after I've quit or been fired? Can my employer hold my paycheck?
    Answer: A separated employee's wages become due and payable at the regular payday(s) established in advance by the employer for the period(s) worked by the employee. In other words, payroll should simply follow its normal course. Employers may not hold an employee's paycheck."


    Here is the entire website for NDDOL:
    Department of Labor, State of North Dakota - Frequently Asked Questions

    Now, about this so called "no compete contract". (ahem..(knuckles cracking))

    9-08-06. In restraint of business void - Exceptions.
    Every contract by which anyone is restrained from exercising a lawful profession, trade, or
    business of any kind is to that extent void, except:
    1. One who sells the goodwill of a business may agree with the buyer to refrain from
    carrying on a similar business within a specified county, city, or a part of either, so long
    as the buyer or any person deriving title to the goodwill from the buyer carries on a like
    business therein.
    2. Partners, upon or in anticipation of a dissolution of the partnership, may agree that all
    or any number of them will not carry on a similar business within the same city where
    the partnership business has been transacted, or within a specified part thereof.


    I swear I'm not making this stuff up. This information comes directly from the ND Legislature. Here.
    http://www.legis.nd.gov/cencode/t09c...20130214164939

    A lot of scary terms and innuendo have been pitched around here over this subject, and, I suppose, one could argue I'm guilty too. Whatever. I'm petrified. But, I'm not a liar. I've got correspondence, witnesses, a paper trail (provided by NDDOL), and saved voicemails.

    I PM'd the forum admin and hope to hear a reply, as I like this site and hope it gets back to normal around here soon.

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    Default Re: A legal threat

    WOWA WIWA, Well I guess I got the info I needed from all angles possible. Now I think we all agree is that we live in a small world, but at the same time our industry is a small world too. Love the take from both sides (owners and operators). It hasn't changed my position as this is an open forum and I'll believe it when i see it for myself. We live in the "land of the free, home of the brave. " At least I still hold it close to my heart, and keep gunning for it.

  12. #27
    Senior Member USIC1's Avatar
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    Default Re: A legal threat

    and you do a good job of it too....had me going there for a few seconds.....lol !!!
    Quote Originally Posted by USIC1 View Post
    Just trying to rattle or push ol yahoo's buttons not trying to promote the topic.

    I see those jobs posted week after week with substantial pay, and figured it was a challenging situation regardless who runs the operation.

    I learned after signing up for the marine corp. and a few other challenging occupations years ago!!!

    Sometimes one has to use judgement...
    wise men talk because they have something to say and fools because they have to say something....plato

  14. #29
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    Default Re: A legal threat

    ok......is it just me or what ?????/ a Jeep with xm radio and company clothes with me name on them .......WOW...I may move myself!!!
    wise men talk because they have something to say and fools because they have to say something....plato

  15. #30
    Senior Member USIC1's Avatar
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    Default Re: A legal threat

    Quote Originally Posted by sauroke View Post
    Just a question, USIC1, why are you continuing promotion of a company
    I was an employee when I signed up for the vine with the catchy name...

    and as you see I have worked hard to grow a reputation with it...

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