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Marina_1234's avatar

Guy who runs a 501c3 charity refuses to pay me for 28 hours worked?

Asked by Marina_1234 (21 points ) September 26th, 2012 from iPhone

Did some work for a guy who owns a 501c3 childrens safety charity in Vegas. Basically fundraising. He agreed to a flat hourly rate. Everything was fine the first week. He paid me for the first week. At the end of week two he didn’t pay me. Into week three he hasn’t paid me. I quit. Now he sends me rambling accusatory paranoid massively abusive emails going on for pages. I told him I quit but I expect to be paid the 28 hours I had worked. he claims there is no way I worked these hours he isn’t going to pay me a dime either. The man is nuts. I live in Los Angeles btw. What should I do? I have said to him both via email and phone ( he is dodging my calls now surprise) that he needs to pay me for hours worked and have politely told him I want to keep this on a friendly level that this isn’t worth it for him to withhold paying me. What else should I do? I have known the guy a few years and basically I think he’s on drugs and is crazy… The emails he sends don’t even make sense. He’s one of those guys who just yells and screams about everything…

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15 Answers

syz's avatar

You need to contact the Office of the Labor Commissioner.

I haven’t been paid. What should I do?

First, ask the employer for what you are owed. Then, if you do not receive payment, you may file a complaint with the Office of the Labor Commissioner in Las Vegas or Carson City. For a copy of the wage claim form, click here.

gambitking's avatar

Short of taking him to small claims court (in which case your proving your case requires him admitting to the verbal agreement if you don’t have it in writing), there’s not much you can do if there’s only a loose contract for employment.

Contact the CA attorney general’s office and see if they have any suggestions, and explore options for resolutions relating to fraud and scams as well.

Seek's avatar

Along with what @gambitking said, I think it would help your case that he did pay you for one week, if you have proof of that – perhaps a copy of the check or a paystub with the corporation information.

CWOTUS's avatar

If you have evidence of the hours worked, such as a timesheet signed by a supervisor (or by a third party) or other documented evidence of the work performed on the week/s and days in question, then see if you can find a friendly local attorney to write a letter demanding immediate payment.

Otherwise, if you don’t have evidence of the hours worked, just chalk it up to “life experience” and move on.

Kayak8's avatar

One of the requirements of a 501( c)(3) is that they have a board of directors. Send a professional letter to the board president explaining that you have not been paid for services provided. The board is the boss of the agency’s executive director. You may just include the emails with your letter, but keep the letter professional. I would include in the letter that your phone calls are not being returned.

Marina_1234's avatar

Thanks everyone some suggestions better than others but I appreciate the input from everyone.

A little more info… I went digging for the board of directors info and discovered the guy screwing me out of $560 is the president of the charity. Only one other person is listed as “principal” whatever that means. No one else. No board. No accountibility, which explains a lot actually. For the address of the charity theres two listings – one is this scum balls house or po box. His 800 number is no more (Nissan has it now)... Does Nevada need to have a board of directors for 501c3 charities? I did check the number in the IRS database and it is valid…

Something really doesn’t smell right and even if I don’t get paid I want to expose this guy so he can’t con other people… I’m mad now :) he took my good will (this is supposed to be a charity for kids not to line his pockets) which is why I was working for barely nothing anyway…

Input?

Kayak8's avatar

501( c)(3) status is derived from the IRS code under which such organizations are formed and they are required to have a board. He could be in serious trouble if he is collecting “non-profit” donations if he is not running the non-profit as required. One might even question if the donations are going to the end purposes of the group. The Nevada Secretary of State’s office will likely have some records on the “charity.” Such organizations also file what are called 990’s. There is a website where you can see the organizations 990’s (over several years). In Part 1 of the form it will list the number of board members. This will also give you insight into the organization’s finances.

marinelife's avatar

You can take him to small claims court.

Marina_1234's avatar

Kayak8 thanks very much for all the info! Tomorrow I will really dig into this… Will definitely see what’s happening here. I have no problems talking to state attorneys dept, IRS, labor commission too once I see what pieces are missing to the puzzle. I fly straight and true and don’t con people (unlike this guy) so I have nothing to hide from authorities… Only thing I am concerned about is retaliation from this guy that’s the only hesitation cause I know if he wound up getting in trouble he would come after me…

Small claims not really an option because that would mean driving up and back for court which I could do but what it would cost me I would almost break even…

Marina_1234's avatar

Ok I did look on that website you suggested kayak8 and according to his latest tax return he is the only person listed in the section labeled list of officers, directors, trustees, and key employees—part iv… So going by what you had said I take it this is a big no no? There should be a bunch of people in this section?

Marina_1234's avatar

I also may add this charity us totally a money making scheme for him. His office is his home. On this return the charity is paying his rent, his utilities, etc. he took in last year about $87,000—although he lists his salary as 0—the amount he lists having paid indepentent contractors is $760, rent $21,626, and other expenses as $26,000… The costs of goods I can see as a real expense because he does supply something to the community but the rest (those first mentioned expenses) are totally his personal living expenses… What a scam…

Marina_1234's avatar

Hi everyone, I wanted to update everyone as to how it all worked out… Armed with the suggestions / info you guys gave me—I drafted a humdinger of an email to the guy—stating without emotion (no rants or threats) very plainly… If you do not pay me the $560 for the 28 hours I worked here’s what i am going to do on monday—report you to the irs for fraud (not having a board of directors for a 501c3 charity IS fraud and claiming your HOME as the office and deducting that from your taxes is also fraud)... will contact the labor commissioner in las vegas for avoidance of paying wages… will contact state attorney’s office both in california and nevada, file a claim with the BBB, and file a claim in small claims court requesting both interest and filing costs. Ron, I assure you all these things are going to cost you more than $560 to straighten out both in time and money (i.e., attorney and or cpa fees)... not to mention you have to ask yourself—do you REALLY want all these federal and state entities looking into you, your finances, and your charity THAT closely? After looking at your 990 forms online I would highly suggest to you the answer is no… If I do not have a check in my hand for the full amount my saturday I will be making a lot of phone calls and filling out a lot of forms on monday…

OK, after doing all that—a little later in the day i get 2 phone calls from him… I was in a place where I don’t get reception so I didn’t see the calls until I got home later that evening. Basically he was umming and ahhing about how he didn’t do anything wrong, but he would send me the money, etc… Don’t do anything… Very humble…

When I get home I call him back—he is NASTY as always screaming at me about how he is going to pay my extorted false wages—and he is glad to be done with such a schemer as myself, etc… Listened to him rant like that for about 10 minutes… How he did nothing wrong. How he checked with both his attorney and cpa and they said he was fine. (yea right) I tried a couple of times to say ok thanks and hang up but then he screamed that he’s paying me and he’s talking so I am going to listen… Finally after 10 minutes he came up for air so I said, thanks for the check Ron, have a great life, bye, and hung up. The man is nuts… He is a bitter nasty con artist in Las Vegas… I totally don’t believe he checked with anyone. Either that or they are as corrupt as he is… Either way he’s going to sink.

So… he did send the check—it arrived today (monday) not saturday. He didn’t send it express—probably cause he didn’t want to go to the post office. He probably just put it in his mailbox in front of his house. The lazy piece of sh*t. Took the check to the Wells Fargo. Cashed it np. It was for the full amount he owed me so I am pleased with that.

Am TOTALLY going to drop a dime on him to the IRS this week… Haven’t yet mostly cause I have been super busy. But by thursday and friday I shouldn’t be busy anymore so I will look into who I need to contact there. I don’t have a problem going in person, online, or phone call. Any suggestions on what’s best?

Again a hearty, heart felt thank you to everyone for their 2 cents…

CWOTUS's avatar

H.L. Mencken would be recommending that you stay out of politics. According to him, “An honest politician is one who, when bought, stays bought”.

If you made the threat and he paid you under duress to not rat him out, then I’d recommend not ratting him out. After all, he has your address now, right? And you already think he’s crazy. You do the math.

Marina_1234's avatar

Eh—I can prove that I earned those wages. He wouldn’t play those cards. I didn’t threaten him. I simply stated what I was going to do. It was his choice. It was just enough to get him to do the right thing and pay me.

I am not getting into politics here… I am doing the right thing and blowing the whistle on a tax fraud, a charity fraud, and a con man. I couldn’t live with myself if I didn’t.

If he were pulling that kind of cr*p with me—I am SURE he is pulling it with other people… The man lures people in to do work for this charity—when all this charity is is a money making (or perhaps even laundering) scheme. He IS a gambler out in Vegas too…

Besides, all I am going to do is drop a line to the IRS about him. People CAN make anonymous tips for tax frauds to them… That’s all… IRS can look into him and decide if there’s something worth pursuing or if everything is on the up and up.

More people actually need to step up to the plate and get involved—not hide away and figure some one else will take care of it. They won’t… That’s part of why we have so many crazy people who are breaking all the rules with no consequences in positions of power..

Kayak8's avatar

I would make the notification you have indicated, but I would wait about two or three months to do so to make the connection to you much less notable. Once you notify the IRS, it will take them a while to look into things, but you need some time between his “cooperation” and blowing the whistle!

Even if he works with accountants, etc. to rectify things for the current year, he can’t un-do the years for which he has already filed documents associated with his home address, etc.

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