Not paid for closings

brendo927 · #1 (**permalink**) 01-17-2006, 10:25 AM

Is there any way I can sue or get a nice settlement from a former employer who did not pay me on closings. Remember the difference in my case is that these loans have funed before I was terminated. The employer can not say that he stepped into the loans so there-for he does not have to pay me on this. This is a rhode island mortgage broker who does this to numerous loan officers and I have a very strong case. I tried settling this peacefully but the broker is an ***hole and tried having me sign payroll sheets before he handed me a check for a meesley 1,000 when he owes me 6,000. He then proceded to send me the check in the mail. Any suggestions?

Watch that language -GP

carlo@CreditReportAtlas · #2 (**permalink**) 01-17-2006, 10:35 AM

Quote:

Originally Posted by brendo927

Is there any way I can sue or get a nice settlement from a former employer who did not pay me on closings. Remember the difference in my case is that these loans have funed before I was terminated. The employer can not say that he stepped into the loans so there-for he does not have to pay me on this. This is a rhode island mortgage broker who does this to numerous loan officers and I have a very strong case. I tried settling this peacefully but the broker is an asshole and tried having me sign payroll sheets before he handed me a check for a meesley 1,000 when he owes me 6,000. He then proceded to send me the check in the mail. Any suggestions?

First, go to small claims court and file it. Secondly, if you have all the documents that states the facts and obligations regarding your compensation (on who is paying this and that with what percentage) then you can go to my collection agency (http://www.fidelitycm.com). They will take care of you as long as you have a written document that states the disbursing issue.

If that doesn't work... Go Media!

Get a hold of a reporter and do a story. BTW, you did mention that he/she did this to a couple of employees, right!? Well, gather together (with proof of documentation, of course) and get it handle through the media. Someone will catch-up on it and eventually get this guy/gal slammed.

Hope this helped you.

Thanks,
Carlo

Secret! · #3 (**permalink**) 01-17-2006, 11:07 AM

My suggestion is to take the employment contract you had with them and visit a local attorney - who will charge you a fee to represent you and your interests, based upon that written agreement. OK then, let's say you don't have a formal agreement -- then go to your State Labor Commissioner and see IF they can help you.

brendo927 · #4 (**permalink**) 01-17-2006, 10:20 PM

Thanks for the help guys. I am so glad I did not sell any more loans so he could just say he stepped in and took over these loans. Is there any way I could get more money for the hassel and stress this broker put me through while I was out of work. I lost sleep over this and receieved a lot of backlash from my family and girlfriend. This broker has been doing this to many other loan officers. If I go to court will the broker have to provide proof that these loans have closed and funded. I have also contacted the clients and told them about the situation. And I also have a very strong rapport with the account representives of the lenders who closed the loans. I think I have a very strong case.

Houseval · #5 (**permalink**) 01-18-2006, 08:06 AM

I don't know if this will work for you but it works for me.

As an appraiser, any time I have a problem getting paid by a mortgage company I contact the State Department of Banking and usually an inquiry by them is enough to get my check right away. They are usually very interested in a licensee who may exhibit an unwillingness or inability to handle their financial obligations.

Good Luck

-Fred

brendo927 · #6 (**permalink**) 01-18-2006, 08:53 AM

Is this a quicker way than dealing with the labor board?

carlo@CreditReportAtlas · #7 (**permalink**) 01-18-2006, 08:59 AM

I say if they really ticked you off that bad... do all of the above. Just my opinion.

HisHouseMortgage · #8 (**permalink**) 01-18-2006, 09:31 AM

These are all good suggestions and I agree with Carlo, you should do all of the above. The State department of Wage and Hour will only be able to assist you with getting any commissions you are due. If you are looking to get extra for stress and duress than you will need to sue (carefull usually the limit for a suit in small claims is 5000.00 if he owes you 5000 than you won't get any extra for duress). Sugesstion go to State Wage and hour first and get what you are owed, once you receive that amount than sue in small claims for the extra. If you do this it will greatly help if you had documentation to proof stress and duress like a doctor bill, Late notices from creditors due to inability to pay. Detailed list of harrassing phone calls from creditors. I guess I am saying just do your homework and be prepared. Also have as many of the others do the same if possible. Good Luck.

Secret! · #9 (**permalink**) 01-18-2006, 11:07 AM

As I suggested brendo, if this is more important than merely complaining about it, then PAY an attorney to protect your interests; my second recommendation is the Labor Commissioner.