Gettin over on me and laid off again

Excavator Nut · Dec 31, 2009

Late september landed a job on ICC down hear in Maryland a scale job building the most expensive toll road in the us. Anyway they hired me to drive end dump, 16.00 an hour just enough to pay the bills. So they asked can you run a excavator, week later a dozier, week after that a motorgrader. For three months ran what ever they asked of me, mean while I turned in my Health Insurance forms and they got lost on my foremans dash of his pickup. Jump to December 23, I get that talk from my foreman about how the insurance paperwork got lost and how sorry he is( this is in the morning ), the insurance is sappose to kick in in couple of days. Around 1:00 pm iI am in the excavator and the foeman pulls up in his truck and waves me down. He starts out by saying that he got some bad news for me and I am going to be laid off. Now the whole time I was operating all other heavy equipment never bitched about more money, figuring just as long they work me through the winter I be happy. I have question is davis beacon act protect from this kind of abuse or what, this is scale job, fiananced by Maryland department of Transportation

sandnsnow · Jan 1, 2010

o ya big screw up on there part if you want to make a deal of it. I dont know what the davis bacon rate is or what the requirements for unemployment but i am forsure that the pay rate will effect the amount of unemployment you get. If it is a state or federal funded project they have to pay it. We have people from the state and feds that come around and interview the operators to make sure that I pay the correct rate. The federal job are certified payroll so kinda hard for us to get around that. Check the state web site almost all states post the davis bacon rates on there.

heavylift · Jan 1, 2010

davis bacon isn't much good unless you around a building in Kansas..... dirt pipe and road usually have a very poor scale....
I worked on a job in the 80's that was more or less indoor or outdoor.... you could be doing a building pad for 15 bucks... then doing the parking lot for 7.50..... caused alot of grief in the company

diggerman57 · Jan 1, 2010

Not to sound harsh, but you should have spoken up earlier. When they were bouncing you from piece to piece and not paying you the appropriate rate, you were fine with that as long as you were working. Now that you got laid off you're not ok with that? Sounds like you got used and abused to me. Maybe when you started running all that different equipment for $16/hr, they laid the $20/hr guy off. Now maybe they got a $12/hr guy and laid you off. You have to stand your ground. When you do the same work on the same job for a lower wage than what you're supposed to get it can hurt everybody including you.

xcavator120 · Jan 1, 2010

diggerman57 said:
Not to sound harsh, but you should have spoken up earlier. When they were bouncing you from piece to piece and not paying you the appropriate rate, you were fine with that as long as you were working. Now that you got laid off you're not ok with that? Sounds like you got used and abused to me. Maybe when you started running all that different equipment for $16/hr, they laid the $20/hr guy off. Now maybe they got a $12/hr guy and laid you off. You have to stand your ground. When you do the same work on the same job for a lower wage than what you're supposed to get it can hurt everybody including you.

That doesn't work everywhere though. Small companies, you will most likely be bounced from machine to machine. If they're working a Fed job, the rate will change, however the options you have is run it, or run down the road. Complain about not getting paid the same as someone else, and again, they'll find someone that will. I think that due to the current economic state, lack of jobs, that there is 100 people waiting to take your seat, employers are taking advantage of this, and some will really try to abuse their help. It's getting a scary resemblance to slavery. Complain and you'll get flogged..

Excavator Nut · Jan 1, 2010

I think both of you are right, they laided a dozer operator off the same day they asked me to run it. But other fellow is correct too, around here there is at least 100 people ready to take your seat. This company I was working for is a large bridge contractor from northern virginia, the first day at orintation the lady from H/R said we never do any layoffs. The company is suppose to call me back March 15, I wonder if I should stipulate that they pay me at least operator pay. I would rather just be running a hoe on a pipe crew someplace, instead of doing dirt work

diggerman57 · Jan 1, 2010

So are you saying you'd be alright with under cutting the going wage just to have a job? Where does it stop from there? $6-$7/hr? I know it's tough out there, I just got a lay off myself. I wouldn't go back for a ridiculous cut rate just to have a job. If I did however, I wouldn't complain about not getting the rate if I got laid off again. I would have been aware of what I was doing, and not whine about it after the fact.

diggerman57 · Jan 1, 2010

I don't want to sound like jerk. It's just my 0.02 cents.

Excavator Nut · Jan 1, 2010

Yeah I guess I'M whinning, just came off 10 month unemployment to work for 3 months and get laid off again. Maybe some of you high paid operators can afford this, but I can not. I have done this type work for 25 years, dont know to much else. Can't compete with a--kissers, wont, I'm good operator and my experience walks the talk.

Buckethead · Jan 1, 2010

Excavator Nut I would go to the dept. of labor in your state. If you didn't get paid the rate you are eligible to get the back pay. There may be a time limit, so do not wait.

Excavator Nut · Jan 1, 2010

FIght for back pay or Not

I dont know if I should, If I raise a bunch s--t now they probably wont call me back in the spring. I would like to get a consenses of wheather I should fight for back pay. You fells out there hit me back Yes or No

Buckethead · Jan 1, 2010

Normally I don't like to give advice but you asked. There is no guarantee they will call you back. That company has already lied to you, regarding both "we never layoff" and the benefit forms that conveniently got lost, so what is to stop them from doing it again? They knew it was a prevailing rate job when they bid it. It was not some privately owned housing development.

Excavator Nut · Jan 2, 2010

I have had time to consider this and I will NOT fight for back wages. I took the position of a truck driver and chose to drive these other pieces of equipment, was not forced to. So as a man of my word I am just going to wait around to see if they call me back. BUT I will not run any other piece of equipment that I am not being paid to operate as many of you have pointed out, this hurts us all as a whole. And if they dont call me back I'll just sit here and collect my 410 a week or get a job at home depot

Buckethead · Jan 2, 2010

Excavator Nut said:
I have had time to consider this and I will NOT fight for back wages. I took the position of a truck driver and chose to drive these other pieces of equipment, was not forced to. So as a man of my word I am just going to wait around to see if they call me back. BUT I will not run any other piece of equipment that I am not being paid to operate as many of you have pointed out, this hurts us all as a whole. And if they dont call me back I'll just sit here and collect my 410 a week or get a job at home depot

I think you are screwing yourself, and you are screwing the companies that DO pay their people the prevailing rate. From your previous comments it does not seem like they told you up front they didn't pay the rate, not that that would make it right. Remember that contractor knew it was a rate job when it was bid.

diggerman57 · Jan 2, 2010

You said you wouldn't compete with butt-kissers? Isn't the fact that you aren't willing to go after the wages that are rightfully owed to you, sort of like butt-kissing? Why? Just because you MIGHT get a call back in the spring? Do you think they might call you because you're willing to break the rules and work for less money? Is that fair to anybody? I understand that the contractor will like that because he can pocket more money. Like buckethead said the contractor bid the job at the prevailing wage, and knows his costs. So the less he pays you, the more he makes. The reason the Davis Bacon Act exists is to preserve the higher working wage for the region where the work is being done. It prevents contractors from bringing in low wage workers where federal, and other tax dollars are being spent. But what good is it if you don't stand up for the wage which is deservedly yours? I think you let yourself, and others down by turning the other cheek.

gr79 · Jan 2, 2010

You load 16 ton and whadya get?
Plasma, 45g cars, $100 tv bundles to watch way overpaid millionaires play a kids game. Charge more per mile to pave than ever, but pay labor peanuts. Yes, you need windows 7 and a new pc. Junk goofy looking products in stores that break in a few years yet cost as much as ever. Crash the market to steal 401k. $500 speeding tickets. 1.00 for a 10 cent bag of chips or candy bar. Sell bottled water. Put everyone on medication. Make everything electronic to control with power outs. LED cop car lights that blind oncoming drivers. Grade schools with electronic outdoor pro scoreboards, carpeted halls. No kid walks to school, but up at 6am. 7.00 hazmet light bulbs.
Contract time comes, half vote to take a cut just to keep job-they are the first to get laid off. 'Suits' making more than ever. No smoking-you still are a kid in school.
If ya owe, you pay the price. Its better when its payed for and you are not retired. Let the rich with the money buy. We ain't got any to spare..Just say no.

sandnsnow · Jan 10, 2010

gr79 said:
You load 16 ton and whadya get?
Plasma, 45g cars, $100 tv bundles to watch way overpaid millionaires play a kids game. Charge more per mile to pave than ever, but pay labor peanuts. Yes, you need windows 7 and a new pc. Junk goofy looking products in stores that break in a few years yet cost as much as ever. Crash the market to steal 401k. $500 speeding tickets. 1.00 for a 10 cent bag of chips or candy bar. Sell bottled water. Put everyone on medication. Make everything electronic to control with power outs. LED cop car lights that blind oncoming drivers. Grade schools with electronic outdoor pro scoreboards, carpeted halls. No kid walks to school, but up at 6am. 7.00 hazmet light bulbs.
Contract time comes, half vote to take a cut just to keep job-they are the first to get laid off. 'Suits' making more than ever. No smoking-you still are a kid in school.
If ya owe, you pay the price. Its better when its payed for and you are not retired. Let the rich with the money buy. We ain't got any to spare..Just say no.

HAHA, like the light bar part

ointhead

kthompson · Jan 11, 2010

On a little different part of your situation the health insurance. Not sure of the details but you may find financial support on your health insurance. You first need to be 100% sure of what is the company's probation period and such and be sure you were eligible for it. If so you might find you are eligible for financial aid to pay a good part of those premiums. It can be a pain for the company but it is federal law signed into by Obama. This is a lot more to this than I am mentioning here and it is a law that some are either ignoring or not aware of.

Dozerboy · Jan 14, 2010

Do you know what the prevailing wage is for sure and that you where getting screwed? Here its only $13hr. I would go after them if they owe you more or at least look into it to see what kind of case you have.

You guys need to back off this guy. At least he went to work instead of sucking on the govs teet. When I got laid off I though long and hard about going to some shady guys I know for a job.

Lashlander · Jan 14, 2010

http://www.gpo.gov/davisbacon/md.html

Start with what County the job was in. Big difference from one to the next. Could be they payed you more than they had to. Did you ever get any insurance?
I've been lucky as I've never worked for any Company that cheated their employees to make money. I know in this State they ban companies from bidding scale work for five years if they get caught cheating. I've never had any use for outfits who rip off their employees. Hard for legitimate companies to compete with.

Gettin over on me and laid off again

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