I Did a Work Trial at a Company Which Was Paid but I Never Received Payment for The Work I Did. What Are My Options?

I guess this is not really something I'm familiar with so I'd appreciate some opinions.

A couple of months ago I did a work trial at a company which seemed to go fine. During our initial phone call the woman who was in charge of hiring, etc reassured me several times that I was participating in a "paid trial" and "don't worry, it's paid".

When I came in for the trial the worker who was assigned to me, talked to me and stressed that 'many people had come in for trials' and downplayed my chances for employment.
At the end of the days work I signed the sign in and sigh out sheet and recorded the hours I worked (approx 8:30am - 2:20pm)
Sensing that my chances weren't good I left the area for a few weeks to travel and see relatives.

I also sent my bank details to the company which were acknowledged and it was stated that I would receive payment.

About a week later I receive an email from the woman stating that I had gotten the job, I politely responded saying that I was out of state and wouldn't be able to start for a few weeks.

After this point I received no correspondence. I emailed over the course of a few weeks but never had any acknowledgement of the situation nor the fact that I was owed payment.

I'm not really sure where to go from here. any suggestions?

Comments

  • +18

    Sensing that my chances weren't good I left the area for a few weeks to travel and see relatives.

    Is it just me or is that something you generally don't do as a 'spur of the moment' thing, especially when job hunting?

    Honestly I'd just write it off. People talk, is it worth getting a reputation over 6hrs work?

    • +1

      If nothing much comes out of it I will most likely write it off but I don't think it is fair to set a precedent for all the other people out there searching for jobs that since you aren't considered an "employee" yet there will be no protections for you.. your time is valuable and if they say they will pay you, that should be honoured.

      • +26

        When you have a job, you don't just leave to travel for weeks whenever you want. You need to let your managers know.

      • +2

        Do you have anything written regarding the confirmation of it being a paid trial, the hourly amount, terms of payment?
        If the answer to above is "no", you may have a tough time getting the company to pay.

        As for your concern over "lack of protections", you were offered a job and you weren't in a position to start.
        As others have said, it's likely they've moved on to the next applicant and signed them up — and haven't updated you.

        Professional? No. Worth chasing for recourse? No.

        Your concern about "precedent setting" is confusing. I would just write it off and take this as a learning experience.
        Focus on finding your next opportunity. Depending on the profession, the business world is pretty small — it's worth preserving your reputation instead of chasing a company for what may only be $100 - $150.

        • +5

          In regards to a precedent, I don't think it's ok for companies to lie to the people who are giving their time to do work trials with them. Ok, they may do this to one person, but if this behaviour continues, more potential employees may lose out, other companies may start (or may already be) doing it, etc.

        • I have emails from them acknowledging that I would be paid and asking for my bank details which I provided them with but nothing specifically stating how many hours I worked or the rate at which I would be paid.

        • +1

          @newreg1: I would call the hospitality company up and speak to the person you were liaising with and ask for an update. It's possible that this person has simply forgotten.

        • +1

          @newreg1: Then let this be an important (and let's be honest, not particularly expensive) lesson to you to take through life.

          A promise is only worth something if it's written down.

          In the future for any trials, I would recommend that you "reconfirm" any information discussed verbally in an email to that person. "Hi [blank], Just wanted to confirm the result of our discussion today. I agree to do [blank], for [terms] on the [date]. My account number is [banking details]. Look forward to seeing you on [date]. From, OP"

        • @QW3RTY:

          I completely agree, never take any verbal promises for granted, no matter how friendly or trustable the person making them seems.

          I've followed up with many emails but I may try to contact the head boss next.

        • @QW3RTY:

          I'll keep that template for future use

        • +18

          @newreg1:
          The woman probably left the area for a few weeks to travel and see relatives.

        • @windrc:

          lol

        • -1

          @newreg1: technically you abandoned your employment the second you got it, maybe they kept your money to cover their expences.

    • People talk, is it worth getting a reputation over 6hrs work?

      It's a big world, they can't all talk to each other. Unless there is some kind of black book shared between companies.

      • Youre not necessarily wrong, but you cant say for sure that they wont. In a lot of occupations most of the bigger guys know each other. I can at least say in my career, everyone in a higher position knows each other and they talk. So even though in OPs case it might be fine, can't say for sure that his reputation wont be tarnished a bit.

    • +1

      Telling people to shut their mouth and roll with the culture is a very untimely thing to be saying.

  • +30

    You essentially went for a job interview, then went MIA for weeks.

    The company probably went with the next candidate, which is exactly what I'd do if a candidate came in and then disappeared.

    I would like the paid trail thing go, but you can keep contacting them to be paid. I doubt its much for 5 hours work, let it slide and focus on not your post interview techniques (ie. not disappearing) next time.

    • +2

      I never disappeared, I was always available and responding to emails, they didn't let me know that I had received the job for over a week and at that time I had some important family commitments. I was never out of touch.

      I'm in agreement that the amount they owe me is unlikely to be too significant but it's about the principle

      • +4

        I had some important family commitments

        .

        I left the area for a few weeks to travel and see relatives.

        Important, or went for a bit of a trip?

        I guess what I'm asking is if you had a job, would you have sought leave from your job to go see those relatives?

  • Words over phone mean nothing, unfortunately. Is it in writing that you would have got paid for the trial?

    If you have it in writing that you would be getting paid for the work trial, and have it in writing that you went and did the work, then you could definitely follow it up either through some courteous words with the company, or through legal recourse (which you could claim back additional costs for the lawyer if you win the claim, or have to pay their costs if you lose).

    It's fairly common now for people to do paid trial work, especially in the hospitality industry with a high turn over of food service staff. If they get work out of you and call it a paid trial, then they must pay. Otherwise they are scamming not only the trial worker but the whole country.

    • That's exactly what I thought.

      I have the emails where I requested to be paid after the fact and they asked for my bank details in return so there is some chain of evidence against them.

      • My evidence that I did the work is their acknowledgement through emails and the physical work hour log which I signed when I completed the trial

        • Personally I wouldn't chase too hard if there were no messages stating you will be participating in a paid trial, as the follow up email requesting bank details could be them doing housekeeping for a new employee (which you did not become).

          They should pay, but I don't think it's worth the time and effort going the extra mile to chase it if they won't respond to a polite email/phone call requesting payment for the paid work trial. You could also be a bit cheeky and write it up as an invoice, but that might do more harm than good.

          If it's been so many months without hearing from them, maybe they are in need of you again if you are unemployed. So there's that to think about too potentially.

      • +4

        My understanding is there is no such thing as an unpaid trial.

        I think it's http://www.fairwork.gov.au/ that alerts workers to the fact they must be paid, even if it's a trial, and you cannot agree to an unpaid trial.

        Here it states that any trial can only be so long as to see you have the required skills - eg make 10 people coffee. Not 5 hours of making coffee.

        https://www.fairwork.gov.au/pay/unpaid-work/unpaid-trials

        Tldr: All work is paid, but confirm with the ombudsman website and then mention all this to the business, prior to filing a formal complaint.

        • +1

          I agree - and I'd like to add that a verbal contract is still a contract and does carry some water. If you get no love from the company after alerting them to the relevant employment law, I'd give the Fair Work Ombudsman a call and report them - chances are you're not the first and they love going after clear breaches.

    • I thought you could only do 2 hours free trial then it had to be paid…

  • What sort of industry was this?

    • +1

      Hospitality industry

      • say no more.

        i was a chef for 17 years and it was a normal thing to do a 2 hour unpaid trial.

        anything more is just covering a shift.

    • +6

      I feel that they shouldn't have made the promise that it would be a paid work trial if they wouldn't fulfill their promise.

      I was not under obligation to accept the position, I could have accepted another position at a different company during that time for all they knew.

        • +6

          I don't see how? They repeated several times that it would be a paid trial and afterwards I was under no obligation to accept since as a jobseeker you are fielding several job opportunities concurrently with each other.

          If it was my company I would follow through with any promises I had made, deceit is bad for business.

        • +3

          A trial is exactly a days worth. Where exactly are you pulling this shit from?

          You must be confusing a trial with probation period after getting hired. He wasn't hired initially, just had a trial in the hospitality industry.

          'Your work ethic is 100% unemployable, and the company learned this about you within a day.'

          Not really, you assume too much without backing up with facts. They hired him, which means they would have found him suitable to work there and his work ethic satisfactory. Whether he takes up the offer is his own choice.

          All he is saying is that he should be paid for the trial work he did and which the company agreed too. Now they went dark cause they think they can get away by not paying.

          OP, I don't know about the exact body in Sydney but just go the their Fair Work equivalent. Present the emails as evidence and show that you didn't receive payment. Plus if they did this to you, just imagine working with them. Any paycheck could've been delayed or no response from the company. This is an open and shut case.

          And lastly, for all of you saying this is not worth, why don't you move along from OzBargain? OP would have earned roughly $108 based on minimum wage. We are all fighting over price errors, a few dollar shitty products from China or 2% cashbacks. He is perfectly within his rights to get his wage.

        • +4

          @newreg1: OP, there is no point asking for advice on OzBargain. You just get either savages or idiots returning a few cent bags to the supermarkets. You would be surprised at the amount of info government and work related websites have to solve your problem. Very rarely I have seen anyone here actually giving sound advice. It's a toxic cesspool not worth your time. The headache of people blaming you for going on holiday instead of solving your problem isn't worth it. Good luck and hope you get your case solved through Fair Work.

    • +1

      Yes and the Ombudsman would be on you like a ton of bricks because that's illegal. It's not 1850 anymore.

  • +4

    Name and shame
    Then let the bikies take care of it

    • It's a corporate catering company who amply advertised on Gumtree and Seek.

      • +1

        corporate catering company

        I'm surprised it wasn't a cash in hand gig. That's how many caterers operate.

      • +1

        Not so much corporate catering, but I once saw someone advertising on a Facebook BSS site. Now… I don't like getting involved in other peoples business, but they were paying well under minimum wage so I mentioned something and ad disappeared.

    • What if they cater for bikies?

  • Mods please revise title.

    I Did a Work Trial at a Company Which Was Paid but I Never Did Any Work and Went On Holidays without Notice. What Are My Options?

    • -1

      I did the work during the trial and was mislead into believing that I had no chance of getting the employment. I also wasn't on holiday (I wish)

      • +3

        Misled? A worker said that many people came for trials, but few are offered employment. In what way is this misleading?

        In any event, that's a separate issue. On the original issue your choices are to (1) do nothing and cop the loss, (2) follow up with company to get paid for the trial and see what happens, or (3) take the matter to the relevant authority (Fair Work? Fair Trading? IDK) and see if you can get your $$$$ that way.

  • +7

    Any doubts, speak to Fairwork. They're the only ones who can give you information, and a result if available.

    • I've had a look but I don't think they can help since I wasn't technically an employee (just did the work trial)

      • +6

        If you haven't contacted them, it's safe to assume that you'll receive $0.

      • +1

        Have you made a phone call to the company, or is it just emails so far?

        • Just emails so far as I'm now keeping a chain of correspondence as evidence. I've received no responses for sometime.

        • +2

          @newreg1: I'd recommend calling. It's easy to ignore emails.

        • @QW3RTY:

          Good point

        • +1

          @newreg1: Are you emailing a group inbox? Or an individual persons? If the latter, it's possible that person has gone off sick.

          Yes it's important to keep a paper trail, but the old skill of actually picking up a phone and talking to someone is also important. At the moment, they haven't responded, could be a simple case of negligence. If you speak to the person they will either apologise and fix, apologise and not fix (delay) or tell you you're not getting paid. Once you have confirmation of that, than you can act accordingly. At the moment, you just have slackness.

        • +1

          @tomsco:

          This this this. No one seems to pick up the phone and actually speak to someone these days.

      • +4

        I wouldn't be so quick to dismiss a helpful response about Fairwork, without even looking.

        Unpaid trials

        • If it's a he says, she says type deal if it was a paid or unpaid trial - that link would make me think that a 6 hour shift to access hospitality skills is a reasonable unpaid work trial.

        • -1

          @c0balt:

          I wouldn't agree hospitality would need 6 hours. It's pretty basic work.

        • @tomsco:

          Haha. Too whoever negged my comment, care to explain how you think someone would need 6 hours to show they have the skills to work in hospitality?

      • +1

        You don't need to be an employee to get compensation for work done. Call Fair Work up. They are quite helpful

  • +7

    Still haven't been paid for the 1 hour trial I did at BOOST in 2016. They didn't even offer me the job…

    Where my rights at?

    #boycottBOOST

    • -1

      You have upto 6 years to contact fair work I think. If you have evidence of them saying they would pay you for the trial and never getting the money in the form of a bank statement, you are free to lodge a case. Hope you get your money!

  • -4

    It seems to becoming the norm with work trials that if you get the job you get paid paid for the time spent on the trial. If you don't get the job it is just thanks for the audition. You got the job but was not really interested in the job or you would have returned post haste to start employment. As a employer this action would be seen by me as wasting my time and the resources of my present staff who would have had to take time and effort to direct and train you, thus having to carry your work load as well as their own for their shift. Plus the admin and on going tax work your 6 hrs would cost me 18 hrs. Do you feel that your 6hr shift was productive for the employer thus earning the pay for services? If so then good luck in seeking what you feel entitled too.

    • +1

      I have the expectation that when I do something such as a work trial in good faith there are no hidden catches. This isn't a third world country where you are at the mercy of the whims of a department manager.

  • +3

    Hospitality companies and restaurants are notorious for underpaying staff etc.
    Trial work must be paid too.

    Boycott restaurants or companies who underpay their staff :

    http://www.abc.net.au/news/2018-04-23/barry-cafe-in-northcot…

    https://www.smartcompany.com.au/industries/hospitality/barry…

    • +1

      It seems that many hospitality companies are more than willing to take advantage if you don't take action. You just never think it will happen to you.

  • +1

    It is my understanding that you must be paid for 'productive work' , ie. They can have you trial unpaid for an amount of time just enough to ascertain whether you can do the job or not, but anything more than a very short work trial I think must be paid. Ethically though (and perhaps legally also) you went in for a work trial, you got the work, the when were unavailable, so in a sense you somewhat breached implied contract . Im not sure if it would be fair or ethical for you to demand payment for the work trial, considering you put them out and wasted their time and wages of the person instructing you for the trial. Could try contacting fair work, first warn the company that if they do not pay for trial, you will take it to fair trading. I personally would not though, because I would feel bad about wasting their time and training you, then not taking the job.

  • +8

    Such "trials" need to be outlawed. People before us worked hard for worker's rights, and we're squandering away all the rights they got us.
    My daughter worked a week for a cafe, to be told she didn't have the job. I'm pretty sure their main workforce is school kids on trial. All labour should be paid for.

    • I think there needs to be a balance. I know a couple of people who own retail shops and they do trials for a few hours which is unpaid. The number of people who are completely clueless, were lazy, completely stuffed up, etc. and were just time wasters expending a lot more managerial and other staff time training far outnumbered the people who are suitable for the role. You also get people coming in for a week after spending a week or so working - still paying them as they are getting fully trained up. They then demand a pay rise as they have had a better offer and then just leave - and it has taken a lot of admin, training and time invested in that staff member particular if you are a small business. I don't believe what happened to your daughter is fair, but there needs to be a balance.

      Also bear in mind that with the trials above (for a few hours), they still run at a full staff ratio and therefore there can be quite a bit of disruption with other staff/manager helping so there is a fair bit of investment and want for the person to be permanent. I think this maybe different to some other situations whereby 'trials' are just used as temporary free labour (they would definitely not want someone that works for a day/week/month etc. even on a paid basis).

      • Interview and check references like everyone else. Unpaid labour is not cool.

  • +6

    You were not misled.

    You do appear to be owed money, contact fair work.

  • +4

    You are owed money. I had a similar situation with the Subway at Granville in NSW. They put me on a "trial" shift where I was serving customers and helping out at the back. I didn't get any further shifts and I wasn't paid. I ended up chasing them with Fair Work and I was paid after putting pressure on them.

  • +2

    Take it up with the Work Ombudsman and you will definitely get paid. Send an email or ring them up and let them know your case.

  • And I always thought that 'trails' were free!

  • If this really did have a good chance of leading to a job offer then why would you go MIA?

    • It didn't, OP said 'Sensing that my chances weren't good I left the area for a few weeks to travel and see relatives.'

      • If you're told your on a paid trial and you sense your chances aren't good, then you work even harder right? You research something you know your manager doesn't know how to do and you offer to do it like it's nothing. A few weeks is plenty of time to make yourself useful.

        • +1

          He was offered the job but this thread is not about the employment, it's about him not getting paid for trial work. He even has evidence to back it up as well. He has lost out on the job but that doesnt mean he should lose out on the wage for the work done.

        • Of course. Just seems odd to me to skip out like that. Must have seemed odd to someone there too. A few weeks pay shouldn't be an issue for them to cough up. A full time job offer would have been worth a lot more, even if OP just used it as a bargaining chip for another job.

        • @AustriaBargain: To me an unpaid job is better than a paid trial but thats due to my field. I did find it odd he left but people decline job offers everyday for a number of reasons. Maybe he wasn't in desperate need of a job but that's just my speculation.

        • You research something you know your manager doesn't know how to do and you offer to do it like it's nothing.

          It was a one shift trial (6 hours) in hospitality… Not sure your plan is applicable.

  • +8

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  • +2

    The are rules about this, I believe fair work states that unpaid trials must be 2 hours or less. Since it was more than that they should technically pay, it is very common in the hospitality industry to flout these rules. I would say you dodged a bullet as if they would not pay you what you are owed for one day they are more than likely breaking many more employment laws regarding penalty rates, sick leave, annual leave etc.

    Hospitality is one of the worst industries for wage theft. You should send them an email after speaking to fair work stating that they are required to pay you for your trial.

    Dont get too stressed out about this whole situation though, at the end of the day there are many catering jobs out there and you only wasted a few hours of your time to find out this place isn't worth working at anyway.

  • Been there, got the t-shirt.

    Your situation is normal in hospitality due to high turnover. I wouldn't even call it a trial. You worked a day.

    If you don't mind the awkwardness, just ring them up. I've mind-gamed every employer into paying me eventually. But I've burnt a lot of bridges. It hurts when you've done nothing wrong but end up with less options in an industry since you took action against an agency's wage theft.

    If all the ripped off backpackers started exercising their rights we might get to the stage where employers are less cocky. Although they've been talking about criminalising wage theft it will probably take a year to prosecute an employer if the Fair Work Ombudsman was involved.

  • -4

    unauthorised leave, you effectively abandoned your employment. The inconvenience you caused the company far outweighs the few measly dollars you now feel you're entitled to.

    • +2

      They weren't employed. They did a trial and were offered a job which they then declined. The company themselves told him that they had a lot of people go for these so they'll just move onto the next person - they're hardly inconvenienced at all.

  • About a week later I receive an email from the woman stating that I had gotten the job….

    • I'd be calling about this… rather than chasing $80? You can make that on ozbargain in the time you spent chasing this up…..
    • Most likely replaced once OP told employer that they wouldn't be available to work for a number of weeks.

  • +1

    Ah, the new generation of kids. Randomly walks off job for several weeks of unannounced holidays. Wonders why company doesnt respond to them anymore

  • +2

    If your last correspondence was that you'd gotten that job, shouldn't you have tried contacting them to make arrangements to start work rather than what happened to your trial pay?

    Have you even tried contacting them? That seems like a good place to start.

    It doesn't sound like they intended to not pay you given that they confirmed you'd be paid on their reply email. Maybe they didn't receive your last email and they assumed you ghosted. Nobody knows until you contact them.

    Anyway, leaving on holiday after just having done a work trial seems like pretty poor form unless you notified the potential employer in advance. Do you actually want a job or not? ( ̄^ ̄)ゞ

  • +4

    I'm surprised by some of the others comments. From what you've said, they said that they'd pay you, and then they didn't. That's theft. Sure, there's some strategic questions about whether it's worth it to do something, but you're certainly entitled to the money.

    From what you've said, it isn't necessarily the case that you haven't got the job. So it would make sense to contact the woman asking about the job situation and following up. But if they still aren't responding then maybe be more assertive. You could consider talking to Fair Work Australia.

    If you haven't got anything in writing I don't know where you stand legally, but I think it's still worthwhile to make it less likely that they'll exploit others in the future. And they may choose to pay you what you deserve rather than have a nuisance.

    Also, I wouldn't be too worried about a 'reputation'. Surely it's not too bad a thing if exploitative employers decide that you might want to get fairly paid?

  • +2

    So many of these dumb posts could be resolved with a simple phone call.

    • safer to complain on the internet

    • -1

      100%
      Has having a good LOL at the ‘I sent an email and haven’t heard back’

  • Seems weird they couldn't tell you on the day that you got the job. Were they trialling all week? I would have asked when you'd know if you were successful or when they'd know who was getting the job. Then I'd ask when they needed me to start if I got the job. At this point they may think you wasted their time.

    • +1

      Well it could be that they were going to trial multiple people even after OP. So it does makes sense as to why they wouldnt tell him on the spot. However what you said in terms of what questions you should ask during the trial/interview, spot on dude. I always make a point of asking those questions, so it at least looks like im going to try to plan the next few weeks for them and that im an organised person.

  • +1

    its illegal for them not to pay you for the trial. whether or not you can be bothered in following that up is the only thing stopping you from getting paid

  • +1

    I know its not the right thing to do, but its a few hours of work with a dodgy company. You have every right to pursue the matter with fair work but will require time and effort from you end.

    Is it worth the $100 at the end of 6-10 weeks? or chalk it down to better happening now than later (when they owe you entitlements etc and liquidate overnight).

    • The thing is we don't know if it needs to go to Fair Work yet.

      OP has said his emails are being ignored, but he hasn't stated whether he has picked up a phone to speak to them.

      While emails being ignored is not a good sign, I reckon once OP actually speaks to someone, they will have a clearer picture of their situation.

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