AboutBrian Phillips Expertise Can answer questions in areas of wage and hour, OT, Fair labor standards, FMLA, COBRA, Recruiting, Interviewing techniques, employee manuals, HRIS rollout, Employee Leasing or Staffing company cost analysis, bacon, eggs, and more. Essentially a well rounded HR generalist who operates Harvis, Inc., a human resource consulting and service business based in Northeastern Pennsylvania "NEPA". www.harvis.org
Experience As owner and chief consultant at Harvis, Inc., we provide Human Resource services and structure to small businesses without their own HR department. We make workplaces better by becoming that 1/2 person they need to help handle HR responsibilities on a daily, weekly or monthly basis.
Formerly responsible for all Human Resource activity for a staffing company with 2,500 annual employees as well as an employee leasing / PEO business with 1,500 annual employees. Designed and implemented the HR structure to support hundreds of clients in excess of $ 500 million in payroll volume over career in Human Resources.
Organizations * Greater Wilkes-Barre Chamber of Business and Industry - current member and former co-chairperson for the HR Taskforce;
* Tri-County Personnel Association (oldest continuous operating "HR" association in the nation (we think));
* Back Mountain Business Association - Dallas PA
* Business Association of the Greater Shickshinny Area - Shickshinny PA
Publications Northeast PA Business Journal - interviewed for various articles
HR Insights - Chamber of Commerce HR publication
Education/Credentials Bloomsburg State University - 1993 BS Marketing located in Bloomsburg Pennsylvania and Luzerne County Community College - 1991 Business Administration located in Nanticoke, Pennsylvania
Awards and Honors * Better than average - 20/10 vision
* Bestowed with an occasional "Thank You" from clients and their employees.
Question I am a female who lives in Pennsylvania and was recently (6/02/09) hired by a guy trying to start a home improvement business. He told me he owned a business like it before in another state and had come to PA not long ago. I met him for an interview and while it seemed like he was hitting on me and made me somewhat nervous, I have been out of work for awhile, so I was ecstatic to be able to finally get a job. He told me about the work he had lined up so far and what was coming. Since my experience is in roofing, basement waterproofing, running a jackhammer and power tools, he seemed pleased with my experience.
He asked me if I knew how to use Microsoft Office(which I do) and to design and print out fliers for his business, which I did using my ink, computer and printer. He asked me to find free and low cost websites for him which I also did. He asked me to hand out fliers which I did, too.
Then he started calling me and emailing me several times a day. Once I received 17 emails from him and 7 phone calls on the same day. He started telling me I was pretty and would I go out with him. I told him plainly "no". He kept repeating the same behavior after I plainly told him I was not interested and to stop because he was scaring me. I stopped answering the phone and literally felt ill when I would turn on the computer and see I had ten emails even if none of them were from him. He still persisted so I asked for my pay for the previous work I had done and several times he told me he had the money and set up times to meet him for him to give it to me. Each time he came up with an excuse not to be there. Then he started bugging me to sell him my truck and that he would make payments on it since I didn't want to work for him and he didn't have a pickup of his own. I told him no because I can't even get my money for what I've done, how is going to make payments on the truck.
Then I started really bugging him to pay me around 6/20/09. He'd reply with things like "Please date me" "Do you think I'm good looking" "I know we are meant to be together," etc. Then he informed me that if he paid me, he would never see me again so he couldn't pay me. Not that he has seen me since I did the fliers for him in the beginning of June.
So the EEOC says there has to be at least 15 employees before they will help. So no good there.
After threatening to go to the district magistrate (I don't even know if they handle things like this) he offered to pay me and also pay me in advance for future work. I don't want future work or future money, just what I did so far. Then I realized that I was actually afraid to see him again and thought about just telling him to send it to my house, but then he'd know exactly where I live. I asked about sending someone else to get it previously, but he bailed on me once again with some excuse why he couldn't do that.
Who do I go to to "make" him pay me and at this point, I would really like to file a sexual harassment charge against him. I was the only "so-called" employee at least at that time.
I have around 20 pages of emails where we corresponded back and forth from the day I inquired about the job and mostly everything in between till 6/29/09. I have the emails coming from his email address and what I responded with. I have where he told me I was working for him and also where he repetitively agreed to pay me. I have a roommate who can verify that I really was hiding in my own house, literally sick from the stress and nervousness and my fear of answering the phone or getting on the computer. She, herself told him many times that I was not at home (even though I was) and read the emails with me.
So do I have any rights and who do I go to for help.
Thanks for your time. I appreciate anything you can tell me on the matter.
Answer Kylah,
This guy is nuts. He is harassing you and he should know better.
You do have rights and be careful.
I never advise anyone in this way, but I will tell you, do not go into meet this guy anymore, do not take his emails, return anything you have of his that is not yours (mail it in a box to his office and get a "proof of mailing certificate"). In PA, you can quit without notice anytime. I do suggest you resign effective immediately no matter what your financial situation. So, send him an email if you like, say, I quit, This is not working out." Or just do nothing. I suggest documenting the quit in writing (by email) in order to document his too due to the extraordinary circumstances here.
Sidebar: If something seems funny in the future- with jobs and whatever else, trust your gut and get the hell out of there.
Of course, I have no idea if you gave him a resume or application with your address, but it is simple to find your house online and even see a picture of it with the map applications out there. Can also get a reverse lookup of your phone number if you are in the book to get your home address. So it is very likely he knows where you live. BE CAREFUL and ALERT to your surroundings as you come and go. If you see him, tell him you are no longer employed and you have ALREADY contacted authorities about what happened and to LET you alone. Be forceful, don't "ask" him to agree to leave you alone. tell him.
Use the link below... First, call the PA Department of Labor and tell them EVERYTHING you wrote here. NEXT, if they dont take your claim for non-payment of wages over the phone, then use the link below to fill out a complaint online- or download the form to do it. DO IT TODAY. Call the office closest to your home from the site ASAP: http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&q=201211
the form is on this site.
The "contractor story" coming from another state and having no office for you or not paying you sounds like he is stringing you along and I am sure he has no money to pay you. How crazy- he wants you to sell him your truck?
You are also being harassed. It seems like he should have gotten over being persistent even with your repeated refusals to see him. He should know better, and that is a clear sign he's nuts.
This part is up to you... You can just quit and NOT seek legal action, or you can quit and find an attorney and sue him for sexual harassment. That is your call.
So, to recap, I dont suggest you work there anymore, report the non-wage payment, and get an attorney- if you feel it is needed. You can always call an attorney to discuss it.
Lastly, watch your back- be aware.
