Update on my husbands horrible former employer - any lawyers out there?

JBDamonM

Hi Ladies -

Well - not sure if anyone remembers my post from the end of September - I was feeling really low and frustrated with DH's job situation. Long story short - he took a new job right after my maternity leave the company ended up not paying him. THey didn't have the money and were waiting on a state grant. Thankfully he found a new job.

Well. They got their grant and sent the check last week. With it came a nasty letter. "We asked you to fill out a time card and since you never did, we adjusted your pay base on our time records." ANd they docked him for four days off. Additionally, they did not pay him for the day he gave notice, and made a CLEAR mistake on the taxes and took out an extra $200. Lastly they had promised to reimburse him gor a golf tournament foursome he paid for (and one of them played in and invited someone she does business with - taking up two of the spots)..... and did not.

So - we sent them a very nice email last week inquiring about the above, asking for a copy of the time cards etc.

WELL - What do we get back today: A letter.

- they made no mistake on taxes. (even though you can see it from looking at his other checks, but I"ll let that one go).

 - his timecard - they docked him for three full days off. Included various days where he was gone for a couple hours at meetings - but aren't seeking reimbursment for that yet  - but may reconsider. (sidenote - he wasnt an hourly employee). So the timecard indicates three days off, but they took four out f the paycheck. - AND the letter states they miscalculated a day - and he needs to reimburse them for it. (Another sidenote - alloted vacation time was never discussed at hire.) - AND he worked 4 days before going on payroll (about 36 hours) with the agreement he could have that time for vacation time, but that's never been mentioned.

- And the worst part, and what I need legal insight on:

THey are asking for $875 back to reimburse licensing fees that they fronted for him. To be clear - There was never any written or verbal agreement that he would need to reimburse if he left the company. This is all new.

Any lawyers out there who can explain if that could possibly be construed as a valid point and give me the technicalities behind it?

 

Sorry for the ramble - really in a state of disbelief though.

luvboston

If the company had an oral agreement that said we will pay for ur licensing if u stay with us for 6mo then there was a binding agreement. If there was never talk about it there is no agreement. In my opinion if you are fighting over less than 1000 that they owe you let it go because you are on your way to getting an attorney. If this were to go to court the judge would prob side with DH employer because it would look like be used them to get licensed and left. There are also such things as implied agreements.
I hope DH has a contract with his new company

mcgeeva

Oh I'm so sorry! No advice here. I hope he gets those @holes for the money they owe him!

JBDamonM

Thanks @luvboston. There was never a verbal agreement. And upon reviewing the letter furhter  it states that he used the license to get his new job and is currently deriving a benefit from it. This is actually not at all true - he doesn't need said license with his new job.

They owed us 2K. They want $1,100 from us. I can let the days worked thing go (even though it's ridiculous becuase there was also  never an agreement in place for vacation time - he was literally the third employee, no handbook etc.) but I want to be sure we don't legally owe them anything.

I'm so sick about how we're being treated. All we did was ask for clarification on money we were rightfully owed and they come back with this? Mind you, we waited almost 4 months for that paycheck to begin with. Way to treat people

Dragonfly1226

Oh gosh! I do remember your last post, and this is not the update I wanted to see! What a mess! I don't know how much money you would have to get from them to make it worth retaining a lawyer. I am wondering if you could consult a lawyer (and what that might cost if anything) before deciding whether or not to take it a step further. Maybe this lawyer could draft some sort of letter to the company. I am really angry for you and hope your dh gets the money they owe him.

imoverit

I dont have any advice. Hugs this has not been easy. What goes around comes around. They will get theres for sure.

kaf7

Most lawyers should be able to provide you an estimate for their services and help you decide whether proceeding is worth it for no to minimal cost (like $100). GL

JBDamonM

Dragonfly1226 said:

Oh gosh! I do remember your last post, and this is not the update I wanted to see! What a mess! I don't know how much money you would have to get from them to make it worth retaining a lawyer. I am wondering if you could consult a lawyer (and what that might cost if anything) before deciding whether or not to take it a step further. Maybe this lawyer could draft some sort of letter to the company. I am really angry for you and hope your dh gets the money they owe him.

At this point I don't even care about the money from them (which KILLS me, I am a frugal person and not fighting for a 4 difgit figure  is such a tough pill to swallow, that I am CHOKING)....But I need them to go away. And therefore I need to be sure there arguments back at us are as invalid and ridiculous from a legal perspective as they are from mine.

I am seriously floored and flabbergasted.  You make someone wait almost THREE MONTHS for their paycheck and then you come at him with this? oh yeah and "this" includes points (like vacation time) that don't even add up when you do the math.

It's unreal. But at the end of the day, I can't imagine what else this woman is capable of, and we need to make her go away. BEOTCH.

JBDamonM

kaf7 said:

Most lawyers should be able to provide you an estimate for their services and help you decide whether proceeding is worth it for no to minimal cost (like $100). GL

My husband has literally six lawyers who he has worked with in the past (through work stuff, not personal)  and has remained good friends with. I am sure any one of them would be happy to give him insight for nothing more than a beer or two. 

That being said, I think he is goign to start with his brother in law, also an attorney - not my top choice because he doesn't practice, but hey - at least he's free.

JBDamonM

imoverit said:

I dont have any advice. Hugs this has not been easy. What goes around comes around. They will get theres for sure.

Karma; it's a bitch and I'm sending it in there direction.