August 3, 2009, 5:00 PM ET
Spoke with the attorney, and they are reviewing documents. They will conduct a consultation with me in two days, after they have had an opportunity to review everything and determine our best course of action. Watch for details in two days!
Spoke with the attorney, and they are reviewing documents. They will conduct a consultation with me in two days, after they have had an opportunity to review everything and determine our best course of action. Watch for details in two days!
August 4, 2009, 1:30 PM ET
Again spoke with the attorney. Given the volume of documents I have provided to them, it will be at least Thursday before they can meet with me, but no later than Friday. Please continue to watch this site for the latest developments. I hope to have the firm retained no later than Friday, with all contact information available at that time.
August 5, 2009, 5:30 PM ET
Consultation is scheduled for 5:00 ET Friday.
August 7, 2009, 6:45 ET
I just got off the phone with the attorney. Before they agree to take our case, they will first conduct an investigation. I will have a projected timeline for this investigation on Monday afternoon. They will not bill for this investigation time, unless they decide to take the case. Should they decide to take the case, the State of Marylaynd allows for attorney fees and costs to be recovered. This is not to imply, however, that there will be no out of pocket expenses up front.
It is clear that this is a failure to pay, with no bona fide dispute. Inability to pay is not recognized as a reason to not pay wages owed.
1099 - it is more likely than not that you will be classified as an employee, and not a contractor. Therefore you should be able to join this class action and seek relief under the wage claim laws. This will be part of the investigation.
I'm sorry that I cannot yet publish the attorney's firm and contact information. If they agree to take our case, then I will immediately publish this information. If they decline, and depending on the outcome of their investgation, I will be continuing the search for someone who will.
A specific question he asked was how many would want to participate. I've had a number of registrations, but I'm certain the number is higher. I would strongly encourage you to register on this site so that we have a better count of people interested. You need to only provide me your name, email, dates you were employed by Viable, and whether or not you are still employed.
If you have anything specific you would like me to forward to the attorney that you feel might be helpful in his investigation, please send this to me at [email protected] and I will forward it on to him.
