unpaid internship - unpaid stipend

[slcgal]

Hi everyone,

I hope someone can help me with this issue. I live in Utah and I have worked for this company for five weeks as an unpaid intern. I am not a student though. I just want to learn new computer technologies when I accepted the job.

When I got hired, I was told that I will receive a $200/month stipend. I came to work almost everyday from 9AM-5PM. They told me to submit my own schedule since they said the internship is flexible. During the internship, I got no training whatsoever but learned everything on my own. The owner wanted me to create an Android application and I have been working on that project for those five weeks.

On the day before I quit the job, I had a talk with the CEO. I asked him if I could have a regular paying job since I have finished the sample Android application and I think I can do it. He was pleased with what I did and offered me a job. However, the job is not related to Android programming as I originally thought. Moreover, he wanted to pay me $800/month or $8.50/hr for Mon-Wed-Fri schedule. And according to him I should still come in as an unpaid intern on Tuesdays and Thursdays. I was disappointed but I told him I will think about it. That was my fifth week there in the office and he has not paid me my stipend yet but he mentioned I have not created an invoice yet for the stipend. He told me to submit an invoice and he will pay the stipend.

So I made an invoice that very same day. Submitted it to the assistant. But 5PM came, I was not paid. The assistant said the boss was busy so maybe I should remind him the next day. After discussion with my husband that evening, I decided to quit the job so I sent the CEO an e-mail that I am declining the offer. I also asked if they could send me the $200. I did not receive any response at all.

I waited for a week before I asked them again about the $200. The CEO replied and said that the $200 is contingent upon my performance, and also I terminated the "relationship" prematurely. I decided to file a wage claim since he didn't reply to me anymore. The Utah labor commission accepted my wage claim. But I just received a letter yesterday telling me that the case was closed due to I do not have evidence that there was an employer-employee relationship. That was the argument the CEO used to get out of paying the claim, on his wage claim response letter. I have not contacted yet the investigator since it's a weekend here.

I know this is a measly amount of money. But I only want to file a complaint so this person can't get away with it next time. I think he's done this before that is why he knows I am not going to be able to do about it. I just want to know which DOL entity I could contact for internship related issues. Thanks in advance.

[AFFA]

I wish to inform you that you can send demand letter. If other party refuses to pay then lawsuit can be filed in small claims court based upon breach of contract. You can argue that other party had failed to perform its obligation under contract and hence there is breach of agreement.

AFF

Originally Posted by AFFA I wish to inform you that you can send demand letter. If other party refuses to pay then lawsuit can be filed in small claims court based upon breach of contract. You can argue that other party had failed to perform its obligation under contract and hence there is breach of agreement. AFF

thank you so much for the reply. but I am really avoiding having to use the small claims court. I already demanded payment but through e-mail and provided a deadline of the payment as well. is small claims the only option and no branch of department of labor could help in this? I only wish to file a complaint so that he cannot do this again.

[Maryellen]

You were told to submit an invoice for the stipend and then you quit when you didn't get it the same day? I don't understand why you quit the internship after only five weeks. You have an official ruling that you won't get the money--sorry.

Originally Posted by Maryellen You were told to submit an invoice for the stipend and then you quit when you didn't get it the same day? I don't understand why you quit the internship after only five weeks. You have an official ruling that you won't get the money--sorry.

There was no agreement that the stipend is contingent upon finishing the internship. There was no set timeline on how long the internship takes. What was the official ruling that you are referring to?

Originally Posted by Unregistered There was no agreement that the stipend is contingent upon finishing the internship. There was no set timeline on how long the internship takes. What was the official ruling that you are referring to?

sorry forgot to add...

I did not quit because I did not get paid the same day. I declined a job offer.