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| Felecia Ray Ortiz of Sphynx Marketing & Promotion Promotional Agencies, Dallas, Texas, Promotions, Marketing, Dallas, Texas |
| 25th of Sep, 2011 by User509051 |
I worked for Felecia Ray Ortiz’s promotional agency, Sphynx Marketing for a Hollywood Red Carpet Event for Magnum Ice Cream on 4/16/2011 in Plano, IL and 4/17 for the Hodgkin’s, IL location on 4/17/11. Felecia Ray Ortiz sent me improper instructions on how the client wanted to execute the program ad was missing some important points. I attempted to contact Felecia Ray Ortiz but could not contact her so I had to call the client for further details. This was my first encounter of unprofessionalism on her part. I submitted all paperwork that was needed, showed up to my worksites on time, and did what was expected of me as a Brand Ambassador for Magnum Ice Cream. After executing the program, I received an email on May 25th from Felecia Ray Ortiz informing about delayed payment from the Magnum Ice Cream Program. I was in the process of moving from my place at this time. I inquired about payment on June 30th and she still hasn’t received payment from the client. It had been 2 months since not receiving payment (for $128.00) from Spyhnx Marketing. I officially had an address to my new place so I sent an email on August 9th to Felecia Ray Ortiz of Sphynx Marketing and told her to send the checks to the new one. She stated that checks were mailed our 2 weeks prior. I did not receive the checks as my mail usually gets forwarded to my new address. I sent her another emailing stating I didn’t receive the checks and if she could void the checks and send me another one to my new mailing address. This was her reply: “I will have to check with the bank, which could take some time. Canceling the check will cost a fee, however I am not sure how much the bank charges for that.†As a promotional model for 5 years working with credible agencies I have never had to pay for a cancelled check due to mail error. I had waited patiently for her to contact the bank. I emailed her on September 13 asking her about the update on the situation. In her email she stated, “I have checked with the bank and verified that neither check #1058 or #1065 sent to you has cleared. In previous emails you verified that the address the checks were mailed to be the correct address. It will cost $30 per check in order to cancel them. This fee will be charged to you.†I was also assured of this, as it would be unlawful, as you Stated in her last email, to deduct any monies from a check
that was not received. This is unlawful, unethical, and very unprofessional on her part if she deducted the $30 for bank fees for each check as she claimed. I then received 2 checks each for $34.00 with wages that have been discounted based on bank fees, which Felecia Ortiz Ray claimed. I wrote to Ryan Rohde of the Wage Claims Section of the Illinois Department of Labor that based on our situation, "Provisions of the Illinois Wage Payment and Collection Act dictate that said payment be “without discountâ€. The fees your employer wishes to charge would not meet this requirement." Furthermore Felicia, you will be subject to Civil and Criminal penalties. Since she has been repeatedly been made aware of the law is likely to apply as stated in the attached Public Act 96-1407 that it "holds officers of a corporation or agents of an employer liable if they knowingly permit the “employer†to violate the law." When found liable to such discounting actions, which you have openly admitted to in past emails, she will be subject to an administrative fee of $250 and fines of up to $5,000. Also stated in the Act "the penalties are increased from a Class C misdemeanor to a Class A misdemeanor." She continued to knowingly violate the law and withhold wages; I am further moving things forward and exercise all applicable laws. I attached the following in order to receive the rest of my monies: Illinois Department of Labor Wage Payment and Collection Act
(WPCA) Public Act 96-1407 (SB 3568) Effective: January 1, 2011 DEPARTMENT OF LABOR NOTICE OF EMERGENCY AMENDMENTS TITLE 56: LABOR AND EMPLOYMENT CHAPTER I: DEPARTMENT OF LABOR SUBCHAPTER b: REGULATION OF WORKING CONDITIONS PART 300 PAYMENT AND COLLECTION OF WAGES OR FINAL COMPENSATION Wage Payment and Collection Act Advisory March 4, 2011 ILLINOIS DEPARTMENT OF LABOR Notice to Employers January 1, 2011 Amendments |
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Sphynx Marketing & Promotion provides pages of Human Resource documents to all newly hired contractors with instructions on what to do if their address changes. Our instructions are the same/similar to most other agencies within this same line of business. All Human Resources documents require a signature from the contractor to confirm their receipt and understanding. This information is also listed in multiple places on our website.
As with any place of business, address changes must be reported to Human Resources if payment is expected to be mailed to the correct address. All payments are sent to the address that we have on file. Unfortunately this contractor did not update her address in the database, nor did she call to inform our staff that she had a new address and as a result, her check was sent to the address she listed on multiple pages of Human Resource paperwork. This contractor did not inform our office of her address change until after her payment had been sent. This contractor was unable to retrieve her mail from her previous address and requested that our office cancel the checks that were issued to her 1 month earlier. This contractor was informed that she would be responsible for paying all bank fees related to the cancelled payments, since we were cancelling payment per her request and because Sphynx Marketing & Promotion was not at fault for her negligence to report an address change.
This contractor is under the impression that a place of business must pay bank fees for a contractor's negligence and it has been explained repeatedly that this is not the case. We have also been accused of charging this contractor postal fees, when in fact Sphynx Marketing & Promotion has paid all postage in regards to this situation.
We have advised this contractor to have her attorney contact us if she feels that any law(s) have been violated and we will be more than happy to discuss it with the attorney. To this date, we have not been contacted by and attorney or court of law. We will continue to follow the policy and procedures that are currently in place.
Thank you,
Sphynx Marketing & Promotion
Human Resources |
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Sphynx Marketing & Promotion provides pages of Human Resource documents to all newly hired contractors with instructions on what to do if their address changes. Our instructions are the same/similar to most other agencies within this same line of business. All Human Resources documents require a signature from the contractor to confirm their receipt and understanding. This information is also listed in multiple places on our website.
As with any place of business, address changes must be reported to Human Resources if payment is expected to be mailed to the correct address. All payments are sent to the address that we have on file. Unfortunately this contractor did not update her address in the database, nor did she call to inform our staff that she had a new address and as a result, her check was sent to the address she listed on multiple pages of Human Resource paperwork. This contractor did not inform our office of her address change until after her payment had been sent. This contractor was unable to retrieve her mail from her previous address and requested that our office cancel the checks that were issued to her 1 month earlier. This contractor was informed that she would be responsible for paying all bank fees related to the cancelled payments, since we were cancelling payment per her request and because Sphynx Marketing & Promotion was not at fault for her negligence to report an address change.
This contractor is under the impression that a place of business must pay bank fees for a contractor's negligence and it has been explained repeatedly that this is not the case. We have also been accused of charging this contractor postal fees, when in fact Sphynx Marketing & Promotion has paid all postage in regards to this situation.
We have advised this contractor to have her attorney contact us if she feels that any law(s) have been violated and we will be more than happy to discuss it with the attorney. To this date, we have not been contacted by and attorney or court of law. We will continue to follow the policy and procedures that are currently in place.
Thank you,
Sphynx Marketing & Promotion
Human Resources |
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