Northern Colorado Man Accused Of Not Paying Employees
FORT COLLINS, Colo (CBS4) - Several woman in the Fort Collins area say they were hired to clean homes but then they were never paid.
Each of the women say they were hired by Damen Marin, co-owner of Switzer Maids. Now the women are fighting to get the money they say they're owed.
Bethany King, Elizabeth Niles and Diane Nation responded to a posting on Craigslist under general labor. The advertisement asked for people to clean houses for Switzer Maids. All three of the women were facing financial hardships, were unemployed, and were excited for the opportunity.
"I really thought it was going to be a huge blessing," King told CBS4.
"I have a job. It's going to be okay now," Niles said.
"Great. I got a job. A paycheck … finally!" Nation said.
The women say Damen Marin gave them addresses of houses to clean. He often communicated through text messages and by cellphone. He promised he'd get them supplies, pay for miles, and paperwork for employment -- but none if it happened.
"He would come up with some excuse to not show up. Something would always come up," King explained.
Diane Nation waited four hours in a convenience store parking lot, but Marin never showed up.
"I called him, I texted him, I got home and emailed him. It's just like he disappeared," Nation said.
Elizabeth Niles did get a check from Marin, but it wouldn't clear the bank. She got a replacement check from him, but again it came back "insufficient funds."
"Eventually I said forget it," Niles said.
Niles turned to the state. She, along with King and Nation, filed complaints with the Colorado Department of Labor and Employment. The Division of Labor gets about 5,000 complaints a year and has an 85 percent success rate in getting payment for an employee.
"We mediate the claim to make sure that everyone understands their rights and understands their responsibilities. And that's how we work the claims," said Michael McArdle, Director of the Division of Labor at the Colorado Department of Labor and Employment.
Colorado law is very clear about when and how a person should get paid.
- If you do work and don't get paid, file a complaint with the Division of Labor.
- If you quit, your paycheck is due on the next regularly scheduled pay day.
- If you get fired, you should be paid immediately.
- If the employer can't write a check immediately, they have up to 24 hours to mail the check or make it available at the place of business.
- If the company goes bankrupt, the employee becomes one of the many creditors that the company owes.
"Unfortunately, in a lot of instances that means the employee gets nothing," McArdle said.
To file a claim with the Division of Labor you need to provide the dates you worked, where you worked and what you did. The Division generally gets a claim paid within 20-25 days.
McArdle can't speak specifically about the situation with Switzer Maids. Each of the three cleaners say they got letters from the Division saying that they couldn't find Damen Marin to resolve the complaint.
4 On Your Side Consumer Investigator Jodi Brooks went to the address listed for the company, which is a home in Loveland. She was told Marin doesn't live there. Brooks went to several other addresses associated with Marin, but couldn't locate him. Brooks called his cellphone number and always got voicemail and no return calls.
The Better Business Bureau gives Switzer Maids an F rating. Brooks found numerous complaints about Switzer Maids and Damen Marin on RipoffReport.com.
King, Niles and Nation say Marin owes them between $400 and $600 each. They're considering filing in small claims court because it's money they can't afford to lose.
"I ended up getting an eviction notice," King said.
"This paycheck was going to keep my utilities on," Nation said.
She later lost her home.
Marin did send an email to Brooks asking for the names and contact information for the three women. He said in the email, "I can guarantee payment for whomever needs to be paid."
Brooks sent him the information, but none of the women have been paid.
--Written for the Web by CBS4 Special Projects Producer Libby Smith