DZ's screwing you over on pay cheques.. advice??

[DougH 270]

Did you fail to read the part where he came on the DZO's promise that they would sponsor him, and handle the legal leg work of applying for the work visa.

If we want to start slinging mud about not playing by the written rules we are going to get a lot of people dirty! Tandem packing without riggers, lack of work visas, classifying instructors incorrectly as contractors to dodge state and federal labor laws and payroll taxes.

We are no angels right when it comes to following the written rules to a T, so lets at least step back and have some integrity.

If you have some one work for you then pay them what they are owed.

"The restraining order says you're only allowed to touch me in freefall"
=P

[stratostar 5]

I never said the blackballing is right, however yes I think depending on "who" the dzo is, the OP could very well find it hard to ever work here again.

you can't pay for kids schoolin' with love of skydiving! ~ Airtwardo

[DiverMike 5]

We will probably never know the unbiased total story, but a previous poster raised excellent questions that, if answered, would make me feel more empathetic to the original post:

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So you were working illegally?
Did you even start the visa process whilst at the DZ ? As it would be yourself that would apply and you would have been only sponsored by the employer. Its not his responsibility to do the paperwork its yours. And i highly doubt you would have been granted a visa for doing tandems when there are plenty of US citizens that can do the same job. What visa were you applying for? H12B ? P1 ? Did you not have an immigration lawyer filing visa papers for you? I hate to say it but you do not have any rights or rights to that last paycheck as you were in the country on a visitor visa which does not allow you to work at all.

I find it difficult to 'step back and have some integrity' when the whole transaction lacks integrity. It seems both the TI and the DZO lack integrity. I find it difficult to feel compassion for one thief when another thief doesn't split the loot.

For the same reason I jump off a perfectly good diving board.

[DougH 270]

I got it Mike, two wrongs make a right, that is allways a good way to roll!

"The restraining order says you're only allowed to touch me in freefall"
=P

[DiverMike 5]

Acutally my point is two wrongs make a bigger wrong and I don't feel sorry for the DZO if they get in trouble with the IRS or with the TI if he doesn't get paid. Neither should have put themselves in this position.

For the same reason I jump off a perfectly good diving board.

[Andy9o8 0]

Well, I've read the whole thread, and now I'm ready to give you a lawyer's opinion.

Looks like you're going to have to fuck his girlfriend, and then kill him.

[DougH 270]

Winner!

"The restraining order says you're only allowed to touch me in freefall"
=P

[Lana26 0]

Yes option 4 is a good one, Sorry should have thought about that. Also if you threaten to report him it means that the ball is in his court.
if you do end up reporting him it will be a shitstorm especially if he has more illegals working there!
Once immigration visit you once you pretty much are watched from then on.. that means packers ,instructors, manifestors are all at risk!!
Immigration busted a DZ last year i think it was New england (might have wrong place) but i think a bunch of guys were deported.. bad news for a DZO!!!

[criolli 0]

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So you were working illegally?
Did you even start the visa process whilst at the DZ ? As it would be yourself that would apply and you would have been only sponsored by the employer.

err no your wrong.... HB2 VISA.
It is the employer which first has to apply for a Form I-129 Petition for Nonimmigrant Worker and then if you are currently in the US of A no visa is required, if approved. (i've made that sound a lot more simple than it is, but it gives you the general idea)

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Its not his responsibility to do the paperwork its yours. And i highly doubt you would have been granted a visa for doing tandems when there are plenty of US citizens that can do the same job.
What visa were you applying for? H12B ? P1 ?\

So it kind of was and HB2 is based on different criteria... again i'm not saying it was easy, or even possible, just telling you what who and where..
Again anything is possible just time and money is needed.

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Did you not have an immigration lawyer filing visa papers for you?

No his lawyer was meant to be "on it"

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I hate to say it but you do not have any rights or rights to that last paycheck as you were in the country on a visitor visa which does not allow you to work at all.

Yeah i have no rights, i agree... although i do have the right to ask others advice!!

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It also sounds like you were refused entry when you last tried to come into the USA! So you were deported?
Usually this comes with a 5 year no entry ban after being refused. Do you have a 5 year ban?

No i don't have a ban, and no i was not deported, I was refused entry for being in the country for more than 6 months in a year

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Basically you were working when not allowed so you have 3 options as far as i can see.

1. Forget about the money (Sounds like the dzo has)
2. Admit to working illegally still not receive your paycheck but as the dzo employed you he will be subject to up to $20,000 fine for employing illegal workers if you report him. .
3. Out him on DZ.com .. if you have a 5 yr ban i doubt your coming to America anytime soon.

1. not good at forgiving or forgetting.... but
2. reporting him to the imigration police and screwing him for $20 000, seems pretty extreme, even for me...
3. I Might Come back to the united states one day... and i'm hoping that he might read this and realize that he's being a bit of an asshole... plus i dod want to be employed again one day :)

Again thanks for the advice... but there shall be no public "shite dzo" Outing from me...

[Scrumpot 1]

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No his lawyer was meant to be "on it"

Free of charge to you, or possibly even rather, as PART OF YOUR COMPENSATION?

Attorneys are not cheap. If you were expected back, and the DZO was thus far "fronting" these expenses, with a recompense expectation from you, that as a result you would present yourself timely, and available for work, then - because of your own mistakes entry/exit rules mis-steps, ...instead all of a sudden you can't make it back (as it sounds like/seems) - perhaps he is just "recapturing" his expense(s) based upon YOUR inability to perform (make yourself available) accordingly? ...Just a little "devils advocacy" here.

There are always 2 sides to every story.

Again, if you have EVIDENCE he actually owes you FUNDS - and has further stipulated as such (stated "the check is in the mail") - then you are in the right. You do not need any further advice from us - USE that, and "file" against him/her, or do not.

Hope that everything works out well, and settles out equitably in any case, for you both.

coitus non circum - Moab Stone

[Scrumpot 1]

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Also if you threaten to report him it means that the ball is in his court.
if you do end up reporting him it will be a shitstorm especially if he has more illegals working there!

"Threaten to report him (the DZO)" ...?
"Has ILLEGALS working there" ...?
Rain a veritable "shitstorm" down on him (her) via US Immigrations! ...??

Where do (any of you) get this?

For Ref:
What is an H2B Working VISA?

Everyone is so quick to grab their torches and pitchforks against this (uknown/unheard-from/undefended) DZO. Even to the point of making up their own, and adding on as well, their own (apparent) FALSE ACCUSATIONS, that even the OP himself, has never made.

Looks to me like they BOTH at least TRIED to do everything fully forthright, and above-board, and used/went through the PROPER channels. But then, the OP himself "blew it" by EXCEEDING his cumulative TEMPORARY per VISA issuage occurance/allowance, and further - did nothing more to attain (if it was needed) a more appropriate longer-term solution.

Sure. Just automatically and unilaterally (and as you are only also seeing possibly now, clearly even INAPPRORIATELY) throw the DZO straight under the bus, straight out-of-hand.

Hope none of you ever gets annonymously accused of anything too! - THINK about that.

coitus non circum - Moab Stone

[criolli 0]

No offence meant scrumpot,

But your making this more complicated than it is.

I just want to get paid for the work I had done, Thats all, i got offered work and took it, regardless of whether you or other people think i did the right or wrong thing by doing so, IMO... (read again) IMO myself and the dz owner entered a contract, shook hands on it, and when i did the work he promised to pay me.... and has not...

Thats it!!

Here's a couple of emails.. minus names etc

But either way maybe this thread has lost its point a little, i know i was a wally for taking someone by there word and not chasing them up on things,
and life does go on, i'm not a liar or a cheat, just out of pocket for a couple of grand... ish... and was looking for advice..



Hey DZO,
My girlfriend still did not get my last couple of pay cheques, I don't know if you have sent them, or not or what..]

If theres a problem like your lawyer has said don't send them or we might get in the shit, or maybe you think i don't deserve them, or maybe moneys tight... then let me know, they i can just write the money off.. and get on with life...

More importantly, i can't get hold of ......... i have somone who can bring my stuff out next month, but he has not responded to my emails... not a little, has something happened to him, or my gear?? Is he ok??

I know ........... is a great guy, which is why i'm surprised that he has not gotten back to me, so i'm thinking the worst..... so i'm hoping somone can awnser an email and be upfront with me.

thanks for your help i hope.

Hey Disgruntaled employee,
I am on the pay cheques ......., I will be in the office in the morning and have ......... print me a report. As for the other shit, I have no clue. I know I gave a base rig and a sports rig to ....... mom.

-----------------------------------------

hey DZO,
Hope your well, pissing down with rain in ......... at the momment, but i guess its only just spring....

Did you come any closer to issuing some more cheques for me??
Or finding out if your payrole thinks i earnt them

Much obliged


hey DZO,
Still have not heard from you, maybe you have forgotten!!

In all seriousness its as embarrassing for me, to look like i'm begging you to get paid what is owed... as it must be for you??

Its also pretty disappointing, do i need a lawyer?

i'll give it a week, and then phone you.

thanks

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Oh buddy, I just read your last email..You know lawers dont scare me. I can only help you with the pay part of the puzzle. If that's money you earned then you deserve to be paid. Like I said above, I am on this

[PiLFy 0]

If someone f**ks you over. You f**k them back. Not only is catharsis a wonderful thing. If you don't pay this turd back. He'll do the same, or worse, to the next person. I say to at least get him fined. He stole a couple grand from you. Now, there's missing gear involved, too?
Nail his worthless ass.

[crashtested 0]

The gear had nothing to do with him.... I just could not get hold of the guy who was looking after it for me...

Just Pay.

[PiLFy 0]

Oops, you forgot to post under your anonymous account...Out the dirtbag DZO. Out the dirtbag DZO.

[riggerrob 558]

"

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If someone f**ks you over. You f**k them back. ...

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It is beneath my dignity to stoop to the level of the last couple of DZOs who screwed me over.

I just never do business with them again and leave them wondering why?

[PiLFy 0]

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"

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If someone f**ks you over. You f**k them back. ...

"

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It is beneath my dignity to stoop to the level of the last couple of DZOs who screwed me over.

I just never do business with them again and leave them wondering why?

To each his own, Rob. I'm sure that really shook them up. I choose payback. I don't feel I'm lowering myself @all by doing so. Feel free to view life your way.