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RocRef Wed Sep 18, 2013 08:55am

AAU Non Payment Issues
 
Second year referee here, out of Rochester, NY. I may have a stupid question to ask, but I'm gonna ask it anyways. Is it possible to take legal action for non payment of AAU games? I know AAU games are considered under the table, but would it do any good to take legal action on this? In my situation, maybe its not worth it. The tournament director only owes me $252 ($28 per game for 9 games), but i'm just frustrated with the whole situation. I drove 30+ miles there and back on a saturday and a sunday with nothing in return. The person running the tournament was also a coach in the tournament and i worked one of his games. His team got blown out by 40 and he was furious with the calls i was making that game. Its seems obvious to me, that the guy doesnt want to pay me b/c of how i officated his game. I'ved communicated with the guy through text message for a few months and we've made several arrangements for him to mail me the check or for us to meet up directly and each time he has blown me or made some excuse. I've dealt directly with the assigner that gave me the games and he has been unable to reach this guy. The assigner says he may end up paying me the money out of his own pocket, but it doesnt seem like hes so sure about doing that. Am I making a big deal about this or should i just let this one go and move on?

bob jenkins Wed Sep 18, 2013 09:04am

Quote:

Originally Posted by RocRef (Post 905412)
Second year referee here, out of Rochester, NY. I may have a stupid question to ask, but I'm gonna ask it anyways. Is it possible to take legal action for non payment of AAU games?

Yes. Small claims court should cover this. Write him a letter indicating you are going to do this first.

Quote:

I know AAU games are considered under the table,
No they aren't

Raymond Wed Sep 18, 2013 09:21am

Quote:

Originally Posted by RocRef (Post 905412)
... The tournament director only owes me $252 ($28 per game for 9 games) ...

Only my a$$. He owes you money for services rendered. If they are blowing you off contact AAU national HQs. They shouldn't have their tournament with the "AAU" moniker if they are not paying their officials.

If that doesn't work go to a local TV station. I would cause a stink.

We had a local AAU assigner who didn't pay us b/c he allowed our money to get tied up with his personal accounts which got confiscated by the IRS. He only owed me $85 but a few years later I got my money from him.

RocRef Wed Sep 18, 2013 09:36am

Thanks guys. I appreciate the advice on this.

asdf Wed Sep 18, 2013 05:49pm

Quote:

Originally Posted by RocRef (Post 905412)
I know AAU games are considered under the table, but

Please pay your taxes.

Kelvin green Thu Sep 19, 2013 12:32am

My suggestion is to send an intent to sue letter to the AAU and the guy. He is their agent and organizationally they are bound to pay.

Small claims should work. If they don't pay they can pay the filing fees, etc.

I wonder if you can't find an attorney to write a letter...

BillyMac Thu Sep 19, 2013 06:11am

Powerful Tool ...
 
Quote:

Originally Posted by Kelvin green (Post 905458)
I wonder if you can't find an attorney to write a letter...

Almost everyone has a brother-in-law, niece, or cousin, who's an attorney. Ask for a piece of stationery and send it as a certified letter.

Just don't ask this guy:

http://farm5.staticflickr.com/4123/4...5ef05648_m.jpg

Camron Rust Thu Sep 19, 2013 06:14am

Quote:

Originally Posted by Kelvin green (Post 905458)
I wonder if you can't find an attorney to write a letter...

The attorney's fees would probably be more than the officiating fees that he is missing! :eek:

swkansasref33 Thu Sep 19, 2013 10:30am

Or, if that ends up not working, get them to write the services off as a donation. I believe there is a decent chance that it could be written off on a tax return.

BayStateRef Thu Sep 19, 2013 12:04pm

A few suggestions. First, stop texting. Get on the phone and talk with him. Do not stop calling until you reach him.

Next. You need to think of this as a basic business transaction with a contract. His failing to pay you is a breach of contract. Do not overcomplicate it.

Next. Ask the assignor if he can contact the person and act as an intermediary. The assignor has the potential to withhold future services (assigning officials) and if he has any gumption, he should both threaten that...and do it.

Next...as others have told you...write a demand letter. There are many examples online of what it needs to say...but if you want, send me a private message and I can send you one that I had to use a few years ago to get paid. It's no fun chasing money...but this is a business for me and I treat it that way.

Lastly...(repeating advice from others)....whether you are paid in cash or by check does not make it "under the table." You are legally responsible to report all income, no matter the source. I am hardly naive...and realize many officials do not report income from AAU and other games...especially if paid in cash. But this is totally irrelevant to whether you are paid for services rendered.

Next time....don't leave the gym without getting paid.

bob jenkins Thu Sep 19, 2013 12:04pm

Quote:

Originally Posted by swkansasref33 (Post 905477)
Or, if that ends up not working, get them to write the services off as a donation. I believe there is a decent chance that it could be written off on a tax return.

How?

I mean you either put the $252 as income on the Schedule C (if s/he gets paid it) or not. There's no "additional" write off.

SE Minnestoa Re Thu Sep 19, 2013 12:18pm

A number of years ago an officiating aquaintance got caught by the state income tax bureau for not claiming income. Not good times.

I keep a book with all my money listed. I also keep track of expenses and file a schedule C each and every year. Paying taxes due is part of being above board and honest.

Regarding being able to deduct the games as a donation, it's not going to happen. You cannot deduct time; only money and items of value. If you get paid you claim it; if you don't get paid you don't add it to your schedule C.

silverpie Thu Sep 19, 2013 01:17pm

Quote:

Originally Posted by SE Minnestoa Re (Post 905497)
Regarding being able to deduct the games as a donation, it's not going to happen. You cannot deduct time; only money and items of value. If you get paid you claim it; if you don't get paid you don't add it to your schedule C.

You can deduct out-of-pocket costs for a charitable event, though. (Mileage is only 14¢, though, not the 56½¢ for business mileage.)

Standard Mileage Rates for 2013 from irs.gov

bob jenkins Thu Sep 19, 2013 02:11pm

Quote:

Originally Posted by silverpie (Post 905509)
You can deduct out-of-pocket costs for a charitable event, though. (Mileage is only 14¢, though, not the 56½¢ for business mileage.)

Standard Mileage Rates for 2013 from irs.gov

True, but my assumption is that all the costs already were on the Schedule C and can't be deducted again.

BayStateRef Thu Sep 19, 2013 02:28pm

Let's not confuse things. An AAU tournament is not a charitable event...so none of those rules apply. This is a contract issue -- nothing more.

RocRef Thu Sep 19, 2013 03:32pm

Quote:

Originally Posted by BayStateRef (Post 905495)
A few suggestions. First, stop texting. Get on the phone and talk with him. Do not stop calling until you reach him.

Next. You need to think of this as a basic business transaction with a contract. His failing to pay you is a breach of contract. Do not overcomplicate it.

Next. Ask the assignor if he can contact the person and act as an intermediary. The assignor has the potential to withhold future services (assigning officials) and if he has any gumption, he should both threaten that...and do it.

Next...as others have told you...write a demand letter. There are many examples online of what it needs to say...but if you want, send me a private message and I can send you one that I had to use a few years ago to get paid. It's no fun chasing money...but this is a business for me and I treat it that way.

Lastly...(repeating advice from others)....whether you are paid in cash or by check does not make it "under the table." You are legally responsible to report all income, no matter the source. I am hardly naive...and realize many officials do not report income from AAU and other games...especially if paid in cash. But this is totally irrelevant to whether you are paid for services rendered.

Next time....don't leave the gym without getting paid.

Well, the problem isnt with communicating with the guy. I have communicated with the guy several times and he has AGREED to pay me, but gets shady when its time to pay. I dont think calling him will make a difference at this point. If he doesnt want to pay me, then he doesnt want to pay me. I have reached out to the assigner and he has tried to communicate with this guy. The assigner has been unsuccessful. It was my last call with my assigner that made me decide to post this thread, because he had no good news for me. Thank you for the advise on the reporting all Referee income. I will make sure of this in the future. As far as leaving the gym without getting paid, he told EVERY official that worked the tournament he would mail them a check. No one was paid that sunday of the tournament. I was just the only person that never received a check. Thanks for the input.

asdf Thu Sep 19, 2013 03:36pm

Quote:

Originally Posted by RocRef (Post 905536)
Well, the problem isnt with communicating with the guy. I have communicated with the guy several times and he has AGREED to pay me, but gets shady when its time to pay. I dont think calling him will make a difference at this point. If he doesnt want to pay me, then he doesnt want to pay me. I have reached out to the assigner and he has tried to communicate with this guy. The assigner has been unsuccessful. It was my last call with my assigner that made me decide to post this thread, because he had no good news for me. Thank you for the advise on the reporting all Referee income. I will make sure of this in the future. As far as leaving the gym without getting paid, he told EVERY official that worked the tournament he would mail them a check. No one was paid that sunday of the tournament. I was just the only person that never received a check. Thanks for the input.

Report him, go after him, don't work for him again.

Camron Rust Thu Sep 19, 2013 04:28pm

Quote:

Originally Posted by asdf (Post 905537)
Report him, go after him, don't work for him again.

And tell all your officiating buddies.

BayStateRef Thu Sep 19, 2013 05:14pm

Quote:

Originally Posted by RocRef (Post 905536)
As far as leaving the gym without getting paid, he told EVERY official that worked the tournament he would mail them a check. No one was paid that sunday of the tournament. I was just the only person that never received a check. Thanks for the input.

This is advice for you...and for every new official. Around here, AAU is cash or check at the gym. It is too risky, with too many transient operators, to do it any other way. The tournament director received fees from every team before he let them play. It's his job to have money for the officials at the game site. This is something you should always check first...and not accept assignments that do not pay you at the gym.

grunewar Thu Sep 19, 2013 05:40pm

Quote:

Originally Posted by BayStateRef (Post 905546)
This is advice for you...and for every new official. Around here, AAU is cash or check at the gym. It is too risky, with too many transient operators, to do it any other way. The tournament director received fees from every team before he let them play. It's his job to have money for the officials at the game site. This is something you should always check first...and not accept assignments that do not pay you at the gym.

Good advice. I was burned once many yrs ago.

Raymond Thu Sep 19, 2013 07:32pm

Quote:

Originally Posted by RocRef (Post 905536)
Well, the problem isnt with communicating with the guy. I have communicated with the guy several times and he has AGREED to pay me, but gets shady when its time to pay. I dont think calling him will make a difference at this point. If he doesnt want to pay me, then he doesnt want to pay me. I have reached out to the assigner and he has tried to communicate with this guy. The assigner has been unsuccessful. It was my last call with my assigner that made me decide to post this thread, because he had no good news for me. Thank you for the advise on the reporting all Referee income. I will make sure of this in the future. As far as leaving the gym without getting paid, he told EVERY official that worked the tournament he would mail them a check. No one was paid that sunday of the tournament. I was just the only person that never received a check. Thanks for the input.

Local news watchdog reporter would be my next move. Have your contacted the national AAU HQs yet? Does the organization running the tournament have a website? Have you talked to the Better Business Bureau? Contact teams that participated in the tournament and let them know that the person they paid to enter the tournament pocketed some of their money.

There are so many things you can do to make this jackwagon uncomfortable.

Blindolbat Fri Sep 20, 2013 02:02am

My opinion, text is a great way to communicate. Now you have records from him, that you can present in court if that is where this goes, that wouldn't be there if there was only a phone call.

MD Longhorn Fri Sep 20, 2013 09:24am

Quote:

Originally Posted by RocRef (Post 905536)
I dont think calling him will make a difference at this point.

Your call is to inform him that you're taking him to court if he doesn't pay you immediately. And I would not take "I'll send you a check" as an answer. Make him bring you cash or pay you instantly on paypal.

JetMetFan Sat Sep 21, 2013 06:24am

Quote:

Originally Posted by RocRef (Post 905536)
If he doesnt want to pay me, then he doesnt want to pay me.

One more bit of advice: remove this thought from your head. If your 9-to-5 didn't want to pay you would it be okay? If he doesn't want to pay you then follow everyone else's advice here and make his life as miserable as possible.

RocRef Sat Sep 21, 2013 06:42am

Quote:

Originally Posted by JetMetFan (Post 905642)
One more bit of advice: remove this thought from your head. If your 9-to-5 didn't want to pay you would it be okay? If he doesn't want to pay you then follow everyone else's advice here and make his life as miserable as possible.

lol....no i dont think its okay, which is why i came to you guys. Thanks to everyone for all the input. Ive already begun gathering information to start a small claims suit, ive gone to Niagara District Director and he is planning to bring this to the attention of AAU. Ive told plenty of referees. I think the word has spread more than i expected, which is good. I mailed him a letter already, saying that i plan to file a small claims suit against him....hopefully that puts heat on him and he decides to pay up. Who knows.....but i have learned the lesson of making sure i receive payment before i leave the gym lol. Thanks guys

Mark Padgett Sat Sep 21, 2013 09:53am

Quote:

Originally Posted by RocRef (Post 905643)
I mailed him a letter already, saying that i plan to file a small claims suit against him

If you mail him a letter demanding payment or else you will file, send it registered mail. That way you will have proof that you already tried to collect when you go to small claims court (if it gets that far).

WhistlesAndStripes Sun Sep 22, 2013 11:17am

Quote:

Originally Posted by BadNewsRef (Post 905415)
He only owed me $85 ...

Only my a$$.

WhistlesAndStripes Sun Sep 22, 2013 11:24am

Quote:

Originally Posted by RocRef (Post 905536)
Thank you for the advise on the reporting all Referee income. I will make sure of this in the future.

The correct thing to do would be to file amended returns if you have past unreported income.

Quote:

Originally Posted by RocRef (Post 905536)
As far as leaving the gym without getting paid, he told EVERY official that worked the tournament he would mail them a check. No one was paid that sunday of the tournament. I was just the only person that never received a check. Thanks for the input.

THis sounds personal. Sue him NOW. No warnings. Just do it. He will end up paying the additional filing fees, etc. Make it as expensive for him now as possible. I'd even start adding interest.

BillyMac Sun Sep 22, 2013 12:05pm

It's Not Only Dogs That Chase Ambulances ...
 
Quote:

Originally Posted by Whistles & Stripes (Post 905700)
Sue him now. No warnings. Just do it. He will end up paying the additional filing fees, etc. Make it as expensive for him now as possible. I'd even start adding interest ...

... pain and suffering, loss of marital consortium, emotional damages, stress, embarrassment, depression, strains on family relationships, psychological sexual dysfunction, etc. Make this deadbeat suffer. Hit him where it hurts, in his wallet.

bob jenkins Sun Sep 22, 2013 05:08pm

Quote:

Originally Posted by Whistles & Stripes (Post 905700)
The correct thing to do would be to file amended returns if you have past unreported income.



THis sounds personal. Sue him NOW. No warnings. Just do it. He will end up paying the additional filing fees, etc. Make it as expensive for him now as possible. I'd even start adding interest.

You can try to get that, but it will ultimately depend on what the judge awards (based in part on what is allowed in your state).

My guess (and it's just that) is that it would include costs but not pre-judgment interest.

Kelvin green Sat Sep 28, 2013 11:21pm

Quote:

Originally Posted by BillyMac (Post 905703)
... pain and suffering, loss of marital consortium, emotional damages, stress, embarrassment, depression, strains on family relationships, psychological sexual dysfunction, etc. Make this deadbeat suffer. Hit him where it hurts, in his wallet.

Unfortunately in a contract dispute as this one is, the above damages are generally not available but of course it is NY..

Although I would not only sue the guy individually, I would include AAU as a defendant since the argument can be made that he had actual or apparent authority from the AAU to run the tournament...


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