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I'm a passthrough company that receives payment from a Fortune100 reseller. I have a contractor that works at fortune100 company.

This is how it works:

  1. Fortune100 pays reseller.
  2. Reseller pays me (passthrough).
  3. I pay contractor working at Fortune100.

Fortune100 company has already paid everything for last year, which means reseller already received all the payments to contractor. The problem is that reseller hasn't paid me (passthrough), and I can't pay contractor wotking at Fortune100.

I've called reseller and they ignore my calls and emails. So what can I do?

Who at Fortune100 company can I (as passthrough) call to complain anonymously?

I tell contractor to involve his manager that creates the Fortune100 POs, but contractor says he's an employee like anyone else. And contractor says he will not involve his manager at Fortune100

What can I do?

The reason I posted the question is because the passthrough does not know who to contact at Fortune100. I'm trying to see what passthrough's alternatives are. I've constantly talked to passthrough and they sound they want to help.

Some background on the job situation here, for those who suggest that I just go to a lawyer.

I would like to resolve the calmest way possible. If I hire a lawyer, I will end up losing my job. Sure, I can find a new job but it won't pay nearly as well as my current job.

For me, it's more important to keep my job and just bite the bullet with the months that I wasn't paid rather than go through all the legal fuss of getting paid those 4 months and then having to find a new job that will pay much less than my current one.

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    Which of these companies is your contract with? – sf02 Jul 1 at 13:03
  • What state are you located in? 4 months of missed salary is enough that you should probably get a lawyer involved. – David K Jul 1 at 13:04
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    My agreement is with the passthrough company. I don't have any contact with reseller. – Joe Jul 1 at 13:10
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    So are there 3 entities involved or 4 (including you)? Are payments really Fortune 100➞Reseller➞You➞Contractor(also works at same Fortune 100 company)? Who's actually doing work here? Are you doing the work, or reselling the work of the contractor (who also works at same Fortune 100 company)? What are the actual legal relationships here (we really can't answer this question without that information)? Are you an independent contractor, sole proprietorship, LLC, corporation? Have you submitted invoices to the Reseller (when/on what terms)? Are you an actual employee of one of these entities? – Makyen Jul 1 at 21:34
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    "If I hire a lawyer, I will end up losing my job. Sure, I can find a new job but it won't pay nearly as well as my current job" the reality is that (regardless of what they should be paying you, and regardless of what the Fortune 100 company might be paying the reseller) right now your current job pays you nothing. Having a great salary does you no good if you aren't actually receiving any of it. A new job can't pay you any less, and refusing to address the situation isn't going to help that 4 months without pay stay at 4 months rather than turning into 5, then 6, then... – Chris H Jul 2 at 11:35
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Firstly, when you are not getting paid for your work you should always complain. The primary reason for working is to make money, and if you are not getting paid then you are basically wasting your time.

You should reach out to the passthrough company and demand that they pay you for the time you have worked. I would also let your manager know that you will not continue working until you have been paid for the four months that are missing.

Four months is an insane amount of time to not be paid. If you are not paid within one week I would seek a lawyer. I would also start to look for a new company to work for. Any company that cannot reliably pay its employees is not worth working for.

  • It's not as easy as it sounds. Also, employment here is scarce and pay is low, so I don't want to lose my job at Fortune100. – Joe Jul 1 at 13:16
  • Finally, Fortune100 has paid ontime. The issue is reseller/passthrough. If I do that, I'll be out of a job, plain and simple. – Joe Jul 1 at 13:16
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    @Joe Your description doesn't sound like you have a job at the Fortune 100 company. The Fortune 100 company doesn't care how the reseller/passthrough operate, they've already paid their bills and have no further obligation. You need to complain to the person who signs your checks. (And I don't see the point in worrying about losing a job where they aren't paying you.) – pboss3010 Jul 1 at 13:59
  • As I mentioned, I'm a contractor at the Fortune 100 company, which means that I work at the company but they don't pay me directly. – Joe Jul 1 at 14:38
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It's between you and passthrough company and not you and the reseller. You shouldn't call the reseller.

Who at Fortune100 company can I call to complain anonymously?

Nobody. This is not between you and the Forturn100 company.

What can I do?

Your only option is to settle it with the passthrough company using applicable recourse. The passthrough company can't deny to pay you based on the mere fact that they weren't paid. The applicable recourse would depend on the local law and may involve taking legal recourse.

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    I've edited the question specifying who passthrough can contact at Fortune100 company. – Joe Jul 1 at 13:12
  • Could you add some detail on what you advise the OP to do? This is sort of a 1-line answer as written. – Jay Jul 1 at 13:19
  • The passthrough cannot pay my monthly salary. They rely solely on the reseller to pay me. – Joe Jul 1 at 13:37
  • I'm looking for a way for passthrough to receive payment. – Joe Jul 1 at 13:37
  • @Joe That’s understandable. Unfortunately, there’s nothing you can do to directly deal with the fortune 100 company or the reseller. – Nimesh Neema Jul 1 at 13:38
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This is really frustrating and has a real impact on your finances. Things you can do right now:

1. Contact the company that received the work. Although they've already paid, there's a chance they'll be willing to help. If the work you did was good, there is a greater chance that they will put in some extra effort to help you out.

2. Understand the terms of your contract. You should know the terms of your payment under your work contract. The reseller and staffing firm may be well within the terms of your agreement, even though it seems like a lot of time has passed (i.e., they may not be required to pay you yet).

3. Document and communicate your lack of payment to the organization you've contracted with. Make sure it is known (and that you have it on record that it is known) that you have not been paid.

4. File a complaint with a local labor or industry commission. Most municipalities will have a labor commission and may have an industry (tech?) commission. You can find online forms for filing a complaint which the commission will investigate.

5. Engage a lawyer for help enforcing your contract. If repeated attempts to get paid have not been successful, and the organization you've contracted with is in violation of your agreement, you should discuss your options with a lawyer. A lawyer can also help you decide what documentation is important to retain (e.g., print some old emails verifying work was complete).

Good luck with tracking down you paycheck - this is a very unfortunate situation.

  • What department at "company that received the work" should I contact? – Joe Jul 1 at 13:34
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    Contact a manager that you were directly working with - they will know how to route your concern from there. – Jay Jul 1 at 13:36

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