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I am a 30% Disabled Wartime Veteran who served in the US Army during [protected]. With current economic conditions I was recently forced take to a contractor position out of fear of losing my home.Companies like Artech Information Systems, IBM and AMGEN are joining forces to exploit the unemployed by offering work at home position way below the technical contractors rate for IT Staffing requirements which is between $45-65 per hour and paying these individuals that are working from anywhere from $22-35 per hour but to make matters worse they are forcing them to sign a contract that allows them hold back 1/3 of the individuals pay if they are not employed beyond 30 working days as probationary period then firing them for complaining about not being paid is this legal?
Recently I was on Unemployment only to find a suitable job as a UNIX Administrator instead what I ended up with was a new second mortgage because AMGEN/IBM/Artech Information systems failed to pay me for two months and they still owe me $1, 710.0.
I was fired because I complained about not being paid. Artech is a company which is cited for awards in the areas of efficiency and has BBB rating of -A.
This letter is regarding a previous email I sent regarding false allegation made the employers at Artech/IBM's/AMGEN, involving illegal termination, Unpaid wages and False Claims of ineligibility filed by Artech Information LLC.
Regarding your follow up question, Yes an appeal was filed the motion was reversed but Unemployment still owes me money for the month Artech falsy claimed I was ineligible from Sept. 18th -Oct 18th 2010 which about $2, 400.00 and Artech Information Systems still owes me $1, 710.00and they are refusing to pay me. Because Robert Swanson felt that I was not allowed to complain about wages being owed to me or any process which would allow to access my time for back wages.
I started on July 12th 2010 and on August 6 2010 they were gracious enough to only pay me for 3 days and they owed me 100 hours.
Recruiting companies are exploiting the Misconduct Laws recently put in place by your office with a neat trick they change your start date then short you out of 7 working days in wages and in the process then make you wait almost two months to get paid. Finally they expect you not complain otherwise they fire you. Artech/IBM/Amgen then have the audacity to make false allegations of Misconduct because the Hiring manager feels that you should have never been paid because you no rights to complain about receiving your wages in a timely manner. By this time I am out over $3, 000.00 and since this was well thought out in advance or let’s just say schemed and obviously it’s a no brainer you cannot afford to get a real employment lawyer that could win outside of arbitration.
What is being done to correct this situation and prevent from ever happening again. Apparently, a lot of these recruiting companies are doing this and taking advantage of the recent Misconduct rules for collecting unemployment.
What rules are in place to penalize employers from making false claims of of misconduct considering the long term cost and impact on any individuals personal finances something like this may impact. What is being done to protect the employee if the employer makes false allegations of misconduct. I am currently working but as a contractor at a job I was forced to take given the outcome of adverse conditions because unemployment said I owed them $3, 000.00. Is this right, shouldn't the employer have to pay if they are found lying about any Misconduct or an individual’s job performance especially when this employer fired me illegally because I complained about not getting paid. Please let me know how I get what is still owed to me by unemployment $2, 400.00, and by the employer Artech $1, 710.00 which is about $4, 100.00. I also want to know what is being done about this from ever happening again because it impacts the unemployed.
The complaint has been investigated and resolved to the customer’s satisfaction.
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IBM and Artech also did not pay me for service I performed for IBM, including overtime wages. They terminated my work in retaliation because I defended my right to be paid for wage earned.
Under some laws, overtime is referred to work performed beyond 40 hour in a week. Artech misled me that I was exempt for overtime pay because my works were computer related. Furthermore, Artech told me that I would not be paid for work I actually performed but without approval of IBM manager in advance.
I believe strongly: (1) IBM is one of actual employers even though an employment contractor company (such as Artech, CDI, ICS or others) is one to arrange wage payment for IBM work. (2) Not all computer related workers are exempt from state and federal wage and overtime laws. (3) Even someone entered an contact to agree not to be paid for overtime, it is illegal for the employer refuse to pay you for work actually performed.
We all know the fact that IBM is the largest company of IT consulting business. IBM dominates most IT service jobs in US. In recent years, IBM sourced out a large number of US IT jobs oversee, including Argentina and India. In US, IBM used employment agency companies, including Artech, CDI, ICS or others, to out- sourced IT service jobs from US workers to H1-B workers. H1-B workers is arranged for when no US workers is available. But IBM employed a illegal scheme to evade the laws below by hiring low-pay H1-B workers instead of US workers. As a result of IBM's practice, many US IT workers became unemployed.
I believe strongly such IBM practice is illegal under US Labor, Wage, employment, and immigration laws. If anyone has interest to join with me for a class action, please drop your email and phone to saveusjobs2011@gmail.com.
By reading your case, you should have the rights to sue not only Artech and IBM but also their officers under both state and Federal laws in court. Before taking a action in court, you may need file complaint in proper government agencies first. The below are cited from Massachusetts Hour & Wages Laws. Other state and Federal laws are similar for your reference:
Massachusetts General Laws Chapter 149 (M.G.L. c.149) §148B(a) provides: “an individual performing any service, ..., shall be considered to be an employee under those chapters.”
M.G.L. c.149 §148 provides: “Every person having employees in his service shall pay weekly or bi-weekly each such employee the wages earned by him to within ..."
M.G.L. c.149 §148A provides: “No employee shall be penalized by an employer in any way as a result of any action on the part of an employee to seek his or her rights under the wages and hours provisions of this chapter."
Massachusetts statue also provides: “No person shall, for the purpose of evading this chapter, establish any arrangement or organization in his business, by contract, lease or agreement, whether written or oral, whereby a person who would otherwise be his employee does not have the status of such an employee.”
M.G.L. c.149 §148 further provides: “The president and treasurer of a corporation and any officers or agents having the management of such corporation shall be deemed to be the employers of the employees of the corporation within the meaning of this section.”
Chuan
Toni Milburn (hockless@us.ibm.com) at IBM and Artech Information have also been reported to have swindled lots of contractors of their deserved earned wages. Toni Milburn has also been reported to use her managerial authority to threaten and harass IBM contractors. Information from various contractors has it that Toni has blatantly told contractors that their TimeSheet would not be approved out of her whim. IBM is a great company and does not need ruthless people like Toni Milburn who uses her cruel attitude that obviously emanates from her personal life issues to mistreat employees. Toni have been reported to have fired an IBM contractor through Artech just because the contractor was asked (by Toni) to agree to travel for an assignment in Chile without any warning. Contractors had no knowledge of this trip before hand.
Mpaolo,
Under most laws, including common laws and statutory laws of US and the states, you were demed as an employee of IBM, Artech, and their officers, not just Artech. Under those wage and employment laws, you are entitled for 2-3 times not less than 2 time of unpaid wage plus all benifits and 12% interests upon unpaid income loss.
For a simplicity, one of statutory laws are cited below for your info.
Wage Act states, “an individual performing any service, ..., shall be considered to be an employee under those chapters.” Here "those chapters" is refferred to Wage Act in the statutory law. Clearly, you are deemed as an employee of IBM, regardless involvment of Artech.
Wage Act further states, “The president ... of such corporation shall be deemed to be the employers of the employees of the corporation within the meaning of this section.” Therefore, Presidents of IBM and Artech should be deemed to be your employers as to your unpaid wage.
Wage Act also states, “No employee shall be penalized by an employer in any way as a result of any action on the part of an employee to seek his or her rights under the wages and hours provisions of this chapter." They fired you as a result of you seek your right to be paid under said Wage Act. Under this Retaliation clause of Wage Act, you are entitled for 3 times of backpay that your wage would otherwise earn if you were not fired for retaliation from the date of discharge to the date you won the judgment against your employers.
As to your concerns, both the federal and state laws impose every employer having obligation to pay its employees. All the laws prohibit retaliation against employees for seeking rights to be paid for their wage earned. The following are citations of some statutory laws relevant to your case.
Wage Act provides, “an individual performing any service, ..., shall be considered to be an employee under those chapters.” Here, “those chapters” is referred as Wage Act. Clearly, you are deemed as an employee of both IBM and Artech because you already performed service for them pursuant to said Wage Act.
Wage Act further provides, “No employee shall be penalized by an employer in any way as a result of any action on the part of an employee to seek his or her rights under the wages and hours provisions of this chapter." Artech fired you because you “complaining about not being paid”. Such a retaliatory action against you is illegal pursuant to Wage Act and other employment laws.
Wage Act also provides, “The president and treasurer of a corporation … shall be deemed to be the employers of the employees of the corporation within the meaning of this section.” Clearly, not only IBM and Artech, but also their presidents were deemed to be your employer, and thus are liable for not paying your wage earned.
Under the laws, you are entitled for 2 to 3 times of income and benefit loss. In case retaliatory discharge, your income loss should also include those losses from the date of discharge to the date of the judgment (or backpay), otherwise you would earn your wage as you continue to work as before.
Under the federal FLSA, you have 2-year (unless for willful violation) statutory time limit to claim your income loss. Many state laws may allow you to make claims up to 3 years.
IBM uses an out-sourcing scheme to evade the wage and employment laws. As to both regular wage and overtime wage, Wage Act expressly provides, “No person shall by a special contract with an employee or by any other means exempt himself from this section ….” “No person shall, for the purpose of evading this chapter, establish any arrangement or organization in his business, by contract, lease or agreement, whether written or oral, whereby a person who would otherwise be his employee does not have the status of such an employee.”
Wage Act provides, “An employee claiming to be aggrieved by a violation of” Wage Act (for non-paid regular wage, unpaid overtime wage, retaliatory discharge or retaliatory refuse-to-hire) may “institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys’ fees.”
I personally was discharged by Artech in retaliation because I fought for my wage right. If someone is "similarly situated", you can leave a message at saveusjobs2011@gmail.com.
ArTech is the absolute worst recruiting firm I have ever worked for in my 20 year tech career. They treat their folks like cattle and if it benefits them to not pay you...you just worked for free. They are run by mostly Indians, so there's a HUGE cultural barrier here in the states. They treat us in the states like they treat their own back in India. There is no empathy, there is no sympathy, there is no reasoning with these people. Virtually none of the Indians that work there are actually even residents of the US...they're all here on a work Visa. There's over a billion of them back in their country, so they don't care...In their own country...their own are extremely expendable and this is what they do and how they treat their own, because there's so many to choose from...why would they care about us here. If you're absolutely desperate and need a job so bad you're going to lose everything and there's nothing else out there for you, then work for them to get a paycheck. If you have any other choices in the world, GO WITH THE OTHER GUY because ArTech will treat you like the dirt under their feet should it or when it benefit(s) them...and God forbid you ever need them to work with you or go that extra mile (as your employer) they will leave you hanging high and dry. It's like they're robots that do not understand logic or reasoning...because that's the way it is in their country. I had to practically BEG for my check and they gave me every excuse in the book and kept repeating the same things over and over and over again regardless of any reasoning, pleading, explanation of hardship they were creating for me by not paying me. They know there's nothing you can do too. They know the cost of taking them to court and trying to get the legal system to smack them around (as it should) is too vast...especially for those of us that don't have the money we worked for because THEY WILL NOT PAY! M/C Biker clubs have a way of shutting down other (rival) M/C Biker clubs when it's deemed necessary...these guys should be shut down biker style and sent home to where they came from never to return here.