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Continued from NodNightmares.com Parts One and Two.
On the afternoon of my firing, the boss emailed me to question the number of hours I’d recorded. He asked me to “remove” hours spent on blog design because he felt they were “unproductive.” I refused, on the grounds that all my hours were carefully logged and entirely appropriate. When he emailed again to ask for a piece of contact information he thought I’d left out of my records, I told him that I’d be more than happy to get him all the contact information he needed, once I had his assurance that I’d be paid in a timely manner.
His immediately sent back a two-letter reply: “FU.”
Then he followed it up with a threat to withhold all my pay until I removed said hours. I sent back an exhaustive list of our IM conversations and email wherein he’d instructed me to take certain actions in regard to the blogger printing project and the blog; also I pointed out the extensive changes logged by our shared Google Documents that corresponded to the hours I’d billed. I told him that if I was not paid the billed amount in a timely manner, I would contact my lawyer and write about the situation.
Subsequently, I found out that he’d emailed the bloggers in charge of the printing project and explained the situation from his point of view, which was … well … not at all similar to what our IM conversations and emails showed. In fact, he’s now told a number of our mutual contacts that I was fired for “selling” links on reviews of the site’s products that I’d arranged with bloggers. I’m not quite sure what this means, but I can say with complete confidence that I have done no such thing.
As of this writing, my former boss is over a week past due in paying me approximately $1200.00 in wages. Oddly enough, he did pay me $137 that he owed for commissions ($300 in commissions will come due next month). I have followed through on my promise to contact my lawyer; she’s advised me on how best to file in small claims court to collect these sums.
This is an unfortunate situation. My former boss has created a website with amazing features; in some ways it’s one of the best sex toy sites out there. But there’s more to running a successful online business than simply having a great selection, awesome pictures and tons of information on the toys and sexuality. Success is based on treating both employees and users well. I surmise that if I was treated this poorly as an employee, then others who use his services are also in danger of receiving poor treatment.
It strikes me as particularly ironic that one of my first tasks was to work on a new “mission statement” to be posted on the site. My former boss emphasized that he wanted the statement to focus on the honesty and community-minded nature of the site. Now I very much regret writing something that doesn’t reflect my experience with the management. I also regret encouraging others to participate in the site’s programs, for fear that they’ll end up in a situation similar to mine.
To be clear: I’m not upset about being fired. I’m upset about not being paid for work I did in good faith for the company. Firing is a reasonable response for a boss to have when unhappy with an employee’s performance. Not paying her, however, is neither a reasonable nor legal response. And it’s one that I will do everything in my power to correct.
I very much hope that company will see the light of reason before the information goes to a judge. When they do end up paying me appropriately for the hours I worked, I will write about it publicly and update these entries to reflect the changes.
I’d like to preface this by saying that I think all the work you do is great and reasonable and that you are clearly a responsible and wonderful mother. Additionally, I’m sure your lawyer is one smart lady.
So I guess this is just my own curiosity.
Aren’t you at all concerned about making public record your choice to work in the sexual toy/education field? I would be worried that the ex would use it against you in the future if he decided he wanted custody of the kids. Not that it is illegal, but there are a lot of staunchy old judges out there that can’t separate adult play from deviance.
Yes, that has crossed my mind. :) –aag
It’s amazing, really, what people think they can get away with.
{{hugs}} to you. I hope it can be resolved as soon as possible without you actually having to go to court.
Contract work that was agreed to and performed has to be paid for, period. If Boss (perhaps PHB?) decides that the work isn’t worth the money, then no more work will be forthcoming, but work done has to be paid for.
In fact, is ALWAYS paid for – if not always paid CASH for. Because if you choose to identify the PHB (and I have no idea who it is, even though I read here regularly) I am confident that the word will get around, and PHB will lose more business in the long run than it would have cost him to pay your invoices.
Because honorable people generally don’t do business with cheaters.
I hope you get what he owes you, but you’re already making things one bit better by even challenging him. I bet he’s gotten away with those bullying tactics before because others have been too afraid to take him on, or simply don’t know where to start.
Good on you.
That’s totally uncool. Not to trivialize the amount of money, but these people should be making enough money so that $1,200 isn’t worth cheating someone. Even if money is tight, it still isn’t right when you clearly should be paid.
I hope there’s a way the Small Claims judge can tack on punitive damages. Probably not, but it would be nice. Workers being ripped off pisses me off no end.
What a terrible situation. I hope it gets resolved soon.
Ugh. I hate bad blood at the end of any termination. It’d be so much easier if things were just resolved without animosity…not that I’m implying this is your doing, here.
I was just in a situation on the other side of the coin. We had to terminate our accountant…
…only in her case, she refused to give out the passwords to any of our banking or accounting collateral until her final paycheck came through. Um. No.
what does your lawyer say about your writing these entries?
could they be construed to prejudice the case in any way?
cause like that’s a lot of money… and if it does go to court i hope you add the hours worked in arguing over getting paid because “exhaustive lists” take time to produce
I’m going to small claims court. The information I present there will be remarkable similar to what I’ve written here.
:)
Know that my simpathies lie entirely with you and your situation. And that it’s all very unfortunate, and your lawyer has no doubt informed you that the judgement of a small claims court does not force the bastard to pay – that may still require yet more work and action. Good luck. As others have said, the world is a better place because you’re confronting someone’s bullshit.
astra- Word.
It’s true, he has gotten away with similarly bad tactics in the past.
Oh wow, that’s horrible. “FU”? Seriously?
All I can say at this point is that it’s a good thing that you’ve kept everything documented.
Please inform us adoring aag fans what site has wagged this was against you so that we may appropriately boycott said website.
It’s bullshit.
I’m sure you’d rather take the high road, but I’m sure fans and readers would take great pleasure in showing our solidarity to out beloved aag and her brood.
As so often is the case this is corporate bullying. And the recommendation to anyone who feels bullied is always the same – retaliate. It’s amazing how often the s/he turns out to be weak and pathetic once confronted.
Good for you for sticking to your guns – can’t wait to hear about the outcome. Once you win you can name names! :o)
AAG,
As an employer myself, I soooo concurr with your conclusions. It is unconscionable to not pay you for the work you did. My best wishes for your success in resolving this situation expeditiously and efficiently.
And for the rest of you, I don’t think AAG can tell you the site, but if I gleaned what I think I gleaned from one of the three posts, it is Eden Fantasy Sex Toys. Sadly, they are also major contributors of her swag.
You go, girl. Bust that guy’s balls. He should know better than to mess with the woman with ovaries big enough to write this blog. I enjoy your every entry. It gives this single mom hope.
Betty
You did the work, you should be paid. Period. You’re obviously intelligent, creative and literate – things your former boss probably hired you for in the first place. Although he became disenchanted with your work, you did do it. He has to pay you.
I, for one, will not recommend the company to anyone in the future. There are other sites/stores that can provide the products AND good customer service AND treat employees with respect.
$1200?! He’s holding $1200 dollars from you?! Jesus fucking christ. Big FU to you, buddy.
I had a situation like this in high school when I got fired randomly from a job that I had had for 2 years (a long time in HS). When they CALLED (losers) me to fire me I was like “Please send me my last check” (about $18. $18 I really wanted, mind you) and they didn’t…so I called them and screamed at them. Multiple times. Until I got my $18.
Oh, and I never gave them their key back.
AAG,
I’m a frequent reader, but a shy commenter (sorry!). I just want to say that I hope everything gets resolved quickly for you, and I’m sorry you are dealing with this.
I had not yet purchased anything from this company, but was planning some gift-giving for the upcoming holidays. I’m sure I can find a good site, but since you have had a bad experience with this company, and since you do not want to personally divulge the name of this company, can you give us the name of another site or two that would appreciate our support?
I liked that site too AAG, but it almost feels like they grew too big, too fast and are now reaping the repercussions from it. I’ve been reviewing toys from a new site who seems to have people who are MUCH nicer.
I hope the small claims court judge makes him pay!!
Oooh, man. I think “Nod Nightmares” has opened a serious can of worms, here.
Pissing off one of the sex-blogosphere’s most respected writers is NOT a good way to build community. I’m already seeing tweets and blog posts advising people to stay away from the company, and they’ve certainly lost my business. It’s a shame, too, because they were well on their way to doing some very good work.
I hope this bites them in the ass. (Also, can I just say, I never got over the mis-spelling. Still drives me crazy.)
Sending good thoughts for court your way. If have have all the documentation you say you do, I think you’ll get your money.
I am fascinated by people who hire a blogger, and then treat them badly. I mean, if there is one thing bloggers do by definition is write extensively about things they love or hate. It’s like a two step process to create as much bad publicity as possible.
Good luck with your court case.
most states have a statute requiring employers to send the final check w/in a cetain time period. these statutes are enforced by the state dept of labor (or whatever your state calls this). you should contact your own state dept of labor and the employer’s state dept of labor. they will help you get paid.
Yeah…I’m one of many other casualties of “Nod”, myself, and it’s a damned shame. One of the classic cases of having a lot of fine people inside the machine and an idiot at the switch.
They talk a good game about sex positivity, but at the end of the day it comes down to how much they can get for how little, not sex toy materials, not encouraging others to be informed, not championing causes. You ever hear that story “Stone Soup”? Well, now all the people that contributed the ingredients have jumped or been pushed off the proverbial ship, and they’re stirring a giant pot of tap water while the masses clamor for more collaborative stew.
Best of luck to you, AAG. You know who I am and you know you can always drop me a line like you have been. :)
You should be upset. You’ve been brainwashed like all the others in this country to think worker’s have no rights at all, ever, anywhere in America.
You had an agreement and a contract.
The feds have laws and he’s breaking them by not paying you.
I can’t believe you are not upset about getting fired.
How bad! I hope that they just cough up the dough and leave you alone. It’s one thing to let you go and quite another to badmouth you. I’m glad that you are above returning the favor.
Honestly, the firing was fine. It was becoming such a flustercluck that leaving was a relief.
I’m quite furious about not being paid though. :)
Yeah, the whole site’s tanking, if you ask me. I’m honestly surprised they’re still in business. I know I won’t be shopping there anymore, and telling all my friends not to, too – this crap he’s pulling on you is total and utter BS
I hope everything goes well – the best I can say is that this particular site will never get my business, and I warn anyone thinking of buying from them about their dishonesty.
wow. youre so much more professional than i am. and also remind me why i need to be more organized. what is it about people always trying to screw the creatives? im dealing with an impossible client right now. shes making my life difficult and im ready to tell her to go f herself at this point, but shes my moms best friend, so that could be a bit awkward.
Now I need to be somewhat neutral in my response since I am a supplier of theirs (who only accepts paypal.com pre-payments BTW) but the bottom line of it all is:
It is ILLEGAL to not pay for wages earned here in the United States. Period.
And BTW, this industry is WAY too small to go around fucking people (and not in the good way, ha, ha). I firmly believe that you get what you give. I always try to give the good when I’m able to; it’s not only good karma, but good business.
Best of luck dahhhlink, I am behind you 100%.
He honestly replied ~ in business correspondence ~ “FU”???!!
I know their are legal & other issues here, but such a thing only points to a McCain-esque instability. It’s more than unprofessional & erratic, it’s proof of an unstable mind.
You know I love you & think this is 100% pure crap. What else can I say? Oh, heck, another, “I love you, girl” won’t hurt. ;)
Um, that’s supposed to be “there are legal” not as typed. :sigh:
Yes, he literally wrote just that: FU.
:)
I understand that you can’t tell us who the dishonest company is, but can you tell us clearly who it ISN’T, so we know where it is SAFE (and ethical) to shop? Christmas is cumming, after all! ;-)
If you receive a commission, please give us links. I bet we can help you earn $1200 while you’re waiting on the courts and/or the deadbeat!
Thanks and good luck!
Oh, I’m so sorry to hear about this. You’re being far more pleasant than I would be about not plastering your former boss’s brand name all over Google in a highly negative way.
My own very slight dealings with him — even as relayed through your own extremely pleasant and professional hands — did not leave me with a pleasant taste in my mouth, or with a positive view of him as someone to do business with.
I know you’ve sought legal assistance so I assume you’ve already covered this ground, but have you considered contacting the Department of Labor in whatever state his company is based? In *my* state, they respond to unpaid wage claims with a very proactive process that (a) gets the former employee paid very quickly and (b) usually socks the former employer with a 100%-of-the-unpaid-amount fine. All they need is something equivalent to timesheets that makes the amount of the wage claim clear, and your records sound 1000% better than the usual “pencil scratches on a cereal box” records they usually deal with.
MP – if you check the tags on this post, it might be a bit easier to figure out ;)
ThatToyChick –
I wasn’t trying to figure it out. I was asking AAG to list the companies that have been good to her so that we could more easily be good to them (which would, in turn, be good for her). Not everyone keeps a checklist of her current employers.
The tag only identifies the bad company. Multiple appearances of it are fine as a deterrent (IF one has read the whole saga), but they don’t direct business TO the good companies.
If I was a jerk who owed an employee $1200, glowing recommendations and advertisements luring customers (and potentially several thousands of dollars of sales) away to the competition would be scarier to me than the threat of a small claims court lawsuit over a finite amount.
Sounds like you have a lawyer who will help you with this but just in case…
i went through this a year ago. i was owed 1000 and they would not pay.
the most important step before filing a claim with a judge is to prove you notified the other party via certified letter. send a letter stating your claim, send via USPS with delivery confirmation. give them a timeline to contact you (say 2 weeks) to sort out payment. after that, you can go to a judge and prove you contacted them and that they still refused. it’ll be a slam dunk at that point.
good luck!
Good idea, Kirk. Thank you!
aag, you ought to check with your lawyer and see how much notice of the demand the defendant company is entitled to receive. I dunno what state you are in, but here in Texas, you have to send a demand letter specifying what you think you are owed and indicating that failure to pay will result in a lawsuit seeking all damages owed, plus costs and attorney’s fees, or you will not be able to get an attorney’s fee and cost award.
What a run-on sentence. Did that make any sense? I guess what I am trying to say is, check with your lawyer and see if there are any “i’s” to dot or “t’s” to cross to protect your right to recover all damages, costs and fees.
Good luck. This lone star lawyer is rooting for you.
Hope you get this. I realize I’m posting on an old blog entry. YOu should check (or have your lawyer check your state for something called a “Wage Claim Act”. It may be something different in your neck of the woods. In it there are usually penalites beyond just paying your wages, like double or tripple damages and attorney fees. Worth a look. Oh, and not sure where your former employer is located, but you MAY have to sue in that jurisdiction, depending on how much intereaction with your state there was.