Conflict Of Interest Fraud & Harrassment
I am an IT contract worker doing work for a public company that has $390 billion in assets. My employer is the staffing agency that has a relationship with the public company as a vendor, seems to me that the vendor has a lock-in with my project manager, which is against the company's ethical policy of conducting business (conflict of interest). I have been working there for 1 month, and questioned the staffing agency(acct mgr) on when I would get paid, he(acct mgr) told me that there is another 3rd party staffing agency(xyx co) which is going to pay me, find out that this 3rd party is my project manager LLC company which he runs on the side. Upon finding out and contacting the staff agency, the (acct mgr) contacted my project manager where I work at, then after I was quickly confronted (harrassed+coereced) in private by the project manager not to tell his boss or HR that he was profiting from me being employed there, since he decides on who gets hired, I read the company's policy and I don't want to part of someone else's conflict of interest. Plus I found out that the (acct mgr) resigned from the staffing agency as soon as I made a complaint or inquiry, I need serious help, the agency owes over 10k in compensation, my proj manager keeps telling me I would get paid, and that I will only be getting 2 weeks pay around my 2nd month. I am stressed out becuase I feel like I have been a victim of someone else scam, plus I owe taxes to the IRS and have bills to pay.
1 answer | asked Feb 3, 2007 01:08 AM [EST] | applies to New York
Answers (1)
No matter who you work for, you are an employee. In New York, you are entled to prompt payment of your wages. Prompt certainly doesn't mean 2 months. It does mean more like 2 weeks.
The problem here is that there is no quick way to get you paid. You might file a complaint with the New York State Department of Labor because of the practice of withholding pay for such an inordinate period of time. That might get the state on the back of these clowns to end the practice, but that still might not get you paid immediately.
Conceivably, you could go to court to get an order to make your employer immediately comply with state laws concerning prompt wage payment. Although state law might provide a way for you to get attorney's fees reimbursed, you would probably have to come up with a fair amount of money to support the litigation. There is also no guarantee that you'll get a judge who will act promptly on your motion. It would not surprise me that a judge would sit on your motion for 3 months, if not more.
posted by David M. Lira | Feb 5, 2007 1:07 PM [EST]
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