N
Nancy&Cyndy
Guest
Georgia
I am writing this on behalf of my dad. He was hired as a private contractor to do X amount of jobs for this company. He would be paid in 3 draws for the total amount, and after the job was completed he would be paid the remaining balance. Part of what he had to do was to travel out of town. He spoke with a family friend(first mistake), who agreed to help him with the job. He explained it would be out of town work and would take approx 4 weeks to complete. He told him as he recieved the draws on the job, he would pay him, and they agreed on a price. My father said he would also pick up the hotel bill, but he would be responsible for his own travel to and from the job, and his food. This was all agreed upon. Well the first job they had, instead of him traveling to and from work by himself, he traveled with my dad, which was okay, but it meant that this employee would have to use the company vehicle for an emergency that had happened in his family after the 2nd week they were working. The first 2 weeks went fine, but as the emergency happened, he said he could not return to work. The emergency was his son was having surgery for a hernia, which was understandable, but he left for 3 days plus the weekend, was to return, with the company vehicle on Sunday night or Monday morning. But did not. We had to send someone to pick up the van, and he said that dad had to pay him because he needed the money. Dad explained that he had not recieved his first draw yet on the job, and he would have to wait. The worker was not happy, but did wait. Dad got his draw and paid him the wages he was owed. Then the worker came back and worked like 3 days, but this was part of the last draw, then he said it was too much being away from his family, so he went home. He wanted his pay, but dad explained to him, he had to finish the job, and then they would be paid after the company checked the job, and okayed the completion of the work. That was 2 weeks ago. Now the former worker is harrassing my dad, saying he has to pay him, and my dad still has not been paid for completing the job. The former working is harrassing him, and calling the corporate office for the company my dad was contracted for, telling them he stole equipment from the company. My dad has reciepts for everything he has purchased (I do the accounting, and the paperwork for his company). Is there anything he can do to stop the harrassing, he wants to pay the man, but is struggling now because he has not been paid yet. He is having to go back and complete some of the job the former worker did, because it was not up to specs. Now my questions are this:
1) Because the former worker did not complete the job he agreed to complete, does my dad have to pay the wages agreed upon? Can he pay him less, because he had to find someone to replace him, and he was not given notice?
2) He also paid for hotel accommidations for 2 of them, and only my dad was left at the hotel. Because it was paid for in advance, he could not change the rate, and the other guy was not there. Can he subtract his part from what he owes him?
3) My dad is older, and this former worker caused him to have to work 16 hour days sometimes, and also my mother was so scared of him getting ill with his blood pressure, and physically ill, she went to try to help him. Therefore putting our family at risk for loosing my dad. Can he hold the former worker liable for any of that.
4) Any suggestions on how to handle this would be appreciated.
also this worker was paid thru 1099, and will claim this on his own personal taxes, so not sure how that all works. Also there was no written contract with this employee. Only verbal, and it was for the finished job, which he did not complete. Can dad only pay him min wage since he did not ful-fill his end of the deal?? Thanks alot
I am writing this on behalf of my dad. He was hired as a private contractor to do X amount of jobs for this company. He would be paid in 3 draws for the total amount, and after the job was completed he would be paid the remaining balance. Part of what he had to do was to travel out of town. He spoke with a family friend(first mistake), who agreed to help him with the job. He explained it would be out of town work and would take approx 4 weeks to complete. He told him as he recieved the draws on the job, he would pay him, and they agreed on a price. My father said he would also pick up the hotel bill, but he would be responsible for his own travel to and from the job, and his food. This was all agreed upon. Well the first job they had, instead of him traveling to and from work by himself, he traveled with my dad, which was okay, but it meant that this employee would have to use the company vehicle for an emergency that had happened in his family after the 2nd week they were working. The first 2 weeks went fine, but as the emergency happened, he said he could not return to work. The emergency was his son was having surgery for a hernia, which was understandable, but he left for 3 days plus the weekend, was to return, with the company vehicle on Sunday night or Monday morning. But did not. We had to send someone to pick up the van, and he said that dad had to pay him because he needed the money. Dad explained that he had not recieved his first draw yet on the job, and he would have to wait. The worker was not happy, but did wait. Dad got his draw and paid him the wages he was owed. Then the worker came back and worked like 3 days, but this was part of the last draw, then he said it was too much being away from his family, so he went home. He wanted his pay, but dad explained to him, he had to finish the job, and then they would be paid after the company checked the job, and okayed the completion of the work. That was 2 weeks ago. Now the former worker is harrassing my dad, saying he has to pay him, and my dad still has not been paid for completing the job. The former working is harrassing him, and calling the corporate office for the company my dad was contracted for, telling them he stole equipment from the company. My dad has reciepts for everything he has purchased (I do the accounting, and the paperwork for his company). Is there anything he can do to stop the harrassing, he wants to pay the man, but is struggling now because he has not been paid yet. He is having to go back and complete some of the job the former worker did, because it was not up to specs. Now my questions are this:
1) Because the former worker did not complete the job he agreed to complete, does my dad have to pay the wages agreed upon? Can he pay him less, because he had to find someone to replace him, and he was not given notice?
2) He also paid for hotel accommidations for 2 of them, and only my dad was left at the hotel. Because it was paid for in advance, he could not change the rate, and the other guy was not there. Can he subtract his part from what he owes him?
3) My dad is older, and this former worker caused him to have to work 16 hour days sometimes, and also my mother was so scared of him getting ill with his blood pressure, and physically ill, she went to try to help him. Therefore putting our family at risk for loosing my dad. Can he hold the former worker liable for any of that.
4) Any suggestions on how to handle this would be appreciated.
also this worker was paid thru 1099, and will claim this on his own personal taxes, so not sure how that all works. Also there was no written contract with this employee. Only verbal, and it was for the finished job, which he did not complete. Can dad only pay him min wage since he did not ful-fill his end of the deal?? Thanks alot