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Scout1071 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 05:07 PM
Original message
Have you ever sued your employer?
Edited on Thu Jun-08-06 05:08 PM by Scout1071
I'm afraid it is coming to that with my work situation. I don't even know where to begin, but they have completely screwed me out of a major payment due to me (25% of my total salary) - which I was scheduled to receive over three months ago. Long story, but more than 3 months later they have agreed to pay me half of the payment. I have more than 30 emails over the last 3 months outlining what was due to me, confirming that it would be paid. Now they are only paying me half and acting as if I was lucky to receive it.

I have no choice. After almost 7 years with this company, I feel so let down and used. I'm so angry that I want to quit right now and never go back. But that would leave me without a way to pay the rent. I'm so screwed.

I'm meeting with the Department of Labor in the morning. I went by their office today, but they were closed 20 minutes early. WTF?
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Sequoia Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 05:17 PM
Response to Original message
1. Get a lawyer if you can.
You might have a "We the People" in your town too. Good luck, I feel bad for you. I had a friend who worked for Xerox some years back was sued successfully but it took a while for the settlement to be paid out to all the ones who were discrimanted against. The black employees were being passed over by whites who didn't nearly have the experience and training. Xerox got burned pretty bad over it. Ha, ha, ha. David slew the giant again!
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Scout1071 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 05:50 PM
Response to Reply #1
2. I talked to a lawyer who said he thought I had a case.
But it was just a phone consultation. He said that he was overloaded with clients at the moment, but referred me to two others in the area. I left a message for one and he never called me back.

The attorney I did talk to suggested that I also talk to the State because they would be able to represent me as well, without a fee.
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Sequoia Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 06:23 PM
Response to Reply #2
5. Good.
It sure is stressful and worrisome so hang in there. Try not to lose any sleep.
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Scout1071 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 06:28 PM
Response to Reply #5
6. I've been losing sleep for 2 years over this job. It's time to go.
I can barely sleep on Sunday nights anymore because the dread sets in.

I'm so burnt out that it's hard to fathom walking right into another job. I could really use a month or two off. I've spent the last 10 years working 6 day work weeks.
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Sequoia Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-09-06 11:58 AM
Response to Reply #6
15. Oh my God! Two years without sleep, 10 years of working 6 days
a week and they treat you like that. Sue them till they're out of business. Good lord, what a lousy way to treat a person.
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steely Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 06:12 PM
Response to Original message
3. Yes - but it was for insurance reasons.
Edited on Thu Jun-08-06 06:17 PM by steely
I was afraid for my job at first, but the frickin place was so big, the paperwork was shuttled past my chain directly to corporate, and they settled out of court. Shame cause it was state precedent setting.

We did get a lawyer, and I had to play tag with serving the assholes the papers - felt like I was playing tag - no one wanted them in their office - ha ha. They were delivered by the marshall or whomever, and they came back to me via internal company mail (!!), so I slipped them under the office door of one of the HR schmucks after hours (of course they always leave early).


On edit:

on the advice of others, we selected a lawyer from the county seat in which I worked (they are bigger and closer to the action of the county). The Law firm we selected happened to be good, and advised us that they would sue the corporate HQ of the company for which I worked, and at the time, they (the Co HQ) were in a different state, but they (the Co) had to come down to my county. Somehow it was more meaningful.
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Scout1071 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 06:20 PM
Response to Reply #3
4. I'm in a similar position.
I work for a small office of a large, well-known company. It sounds like you sued them while still on the job. This has caused me too much stress to stay. I want to leave immediately.

The Attorney that I spoke to and the state investigator (anonymously spoke to her), both thought that I had a case, but both suggested I would likely be fired immediately upon further action.
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Scout1071 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 09:10 PM
Response to Original message
7. Kicking once for the night crew.
Anyone had a wage dispute that led to a lawsuit?
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davsand Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 10:06 PM
Response to Reply #7
8. I sued over a "self insurance" dispute.
I worked for a publishing company (still in business, but in serious financial straights)because they really jacked me around when I had Material Girl.

They were "self insured" meaning they withheld money from each paycheck like they would for health insurance. The money was put into a corporate pool and then medical bills were supposed to be paid out of that pool.

Well, they hated paying ANYTHING. What they'd pay on a bill was just insane--different amounts for the same item on different visits. $50 one time and $150 the next--then nothing at all. It was insane, and EVERY time I'd call they'd blow me off or lie to me.

I got stuck with close to $15,000 in hospital and medical bills when the "policy" stated that the max out of pocket was $2500 for mom and baby combined.

I ended up filing a lawsuit against the corporation at just about the same time that the CEO was arrested on international charges for something or other. My lawyer explained it to their lawyers in this way:

"You can fly out here to represent your client, or you can hire local counsel. Either way, you will probably end up paying out more than if you just pay the bills."

I left that company shortly before the CEO got arrested, and I never looked back except to make the sign of the evil eye.

In your case, Scout, I do not blame you if you get out of there. Life is too short to stay someplace that makes you upset the night before you have to go back to work. Screw that, and screw them. Find another job if you can, and RUN out that door.

Then SUE the piss outta them.


Laura
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Scout1071 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 10:32 PM
Response to Reply #8
9. Thank you for the encouragement. I'm going to the
Dept of Labor in the morning and hoping to meet with an attorney in the afternoon.

In short - fuck them.
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philosophie_en_rose Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 10:35 PM
Response to Original message
10. Lawyer up! Or talk to an EEOC officer.
I wouldn't deal directly with a shifty employer. At the very least, get everything (every offer or explanation they make) in writing.

Also - be sure to get a written reference or have a friend call to see what they say about you.
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Scout1071 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 10:51 PM
Response to Reply #10
13. Written reference could be tough at this point.
It's been a tough ordeal, particularly the last six months. I gave my manager a few choice words today.

At this point I wish they would fire me.
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Floogeldy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 10:40 PM
Response to Original message
11. Doesn't Kansas have a labor board, or dept. of labor, or something?
Call them on the telephone.

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Scout1071 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 10:49 PM
Response to Reply #11
12. I'm going there tomorrow morning.
I went this afternoon, but they were closed early for some unknown reason.
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dysfunctional press Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jun-08-06 11:00 PM
Response to Original message
14. yes and no- but the dept of labor is your friend.
i didn't sue my employer, but another person did(i wasn't even involved), and i ended up with the biggest settlement, after the dept of labor went over the books/timecards.

i had been working at santa's village near chicago, and during the season, i'd often work a month straight, without a day off.

and even tho' i didn't initiate the suit, or have anything to do with it, or the people who did, the owners were really pissed at me over the payment.
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