Is There???

[Roxy]

Is there a lawyer in here or someone who is married to one...have a question..if there is..will post what it is all about..am pissed off big time!

[Stella]

Re: Is There???

I am not a lawyer, I only play one online.

I'm willing to listen and offer my advice for free.

[Sweet Pea]

Re: Is There???

AngID works for one. I'll bet she knows some things. I'm sure CK posters could give you all kinds of fake lawyerly advice!

[Roxy]

Re: Is There???

I am so angry could throw bricks all over the place!!!

Ok...here is the scoop...my hon worked for a company for over 10 years and the owner didn't keep his eye on the business like he should have. Anyway...some employees that worked there didn't do their job right..and caused the business to go bankrupt. Right before the business was going to close down for good...my hon had gotten another job and decided not to go in the last few days that they were going to be open because he was being treated like crap because he told his boss that he got a job...he thought that was only being fair since he had worked there for 10 years. Well..big mistake!!! The boss treated him like crap and my hon said to heck with it...I am not going to finish the last few days that they are going to be open...so he never went back. Geez..my hon had to get a job..house payments and everything else that everyone has and he thought it would only be fair to tell him especially after working there for over 10 years. My hon did his job great but the boss..only gave him one raise since he worked there. Well to top it off..he kept my hon's severance pay..I think that is what it is called and he owed him money from bids that he had won for the company and he never did get paid for that. Well a few days later...my hon got a very nasty email from his boss's daughter that worked there too....alot of family worked in that business..and the email was totally false, rude. and alot more. We have no idea who she sent it all to. The job my hon now has..is doing the same stuff he used to do at the other place...except..he is the only person at that job that knows how to do it..he brought something new into that company.. The first day he talked to the boss there he asked him if he had thought about doing this and the boss said yes..we have thought about it..but don't have anyone who can do that sort of stuff and bamm...my hon sold himself and got that job whohoo....Anyway...my hon has contacted some of the same people that he had dealt with in that job that he had before and the boss's daughter -from that company that went bankrupt-told a bunch of lies why they closed down. She started that same business now in her home..the last time we new...maybe they opened up an office now...have no idea and don't give a s_t!

So no severance pay, no money for the bids that was due to him for the bids he won, and that email!!!! Like I said..we have no idea who all she sent that email too that was totally wacko and not true. Can my hon get her for defamation of character..I think that is what it is called anyway...or do anything about the severance pay etc.? My hon said that he never went and finished the last 2 or 3 days that they were open so he doesn't think he can get it. He said that he quit so it isn't due to him...is he right? I know this is long..but...I am totally ragged off about this. We still have that email to just in case we could sue her for defamation of character. Can we sue them for anything?

[Sweet Pea]

Re: Is There???

I'm with your hon in wondering if he's due the severance pay. He might be due the bid money since he was on the job at the time.

As for the email, how bad was it? Did she call him a thief? Is what she said likely to harm his character or affect his position at his new job? Does his new boss have access to that email?

[Roxy]

Re: Is There???

She called him a selfish piece of shit.. fucking low life piece of trash.

....she accused him of f_cking with their customer base..which is absoulutely false!!!! She said he canceled orders on the companies behalf..another false statement...accused him of
sabotaging what little business they still had...dishonest shit eating leach..and her last words are this.....Despite your fucking stupidity I don't think you would be dumb enough to show up to softball. You'll get your money back when I feel like giving it to you. You're just another back stabbing motherfucker who skated through life at the expense of this company.

The money she is talking about is when he paid to be on the companys softball team. He never got that back either...no surprise.

[StephanieM]

Re: Is There???

The severance pay isn't mandatory. It is something companies due to be nice. Check with your local employement office about the severance. Since he went in there to give notice, he may not be eligible for severance. Texas is a right to work state meaning you can be hired or *fired* at anytime for any reason. I don't know about where you life. I can't comment on anything else ....

[Stella]

Re: Is There???

my guess is since he walked off the job, the boss is pissed, therefore holding the bag.
and he's thinking he's getting even.

he should have collected before he walked off. however that's hindsight now.
it would be in his best interest to hire an attorney with a real paper degree to go after his money.

however since he filed bankrupency he may be out all together.

[AngID]

Re: Is There???

Can't help. Laws in every state are different. And we don't do employment claims/issues.
If company has indeed filed bankruptcy, hon probably is SOL. Sad, but happens all the time.
As far as defamatory email, he has the burden of proof that it has actually threatened his loss of earnings or earning capacity.
Sorry I couldn't be more help.

[Sweet Pea]

Re: Is There???

This is what I'd do. I'd call the EEOD (Equal Employment Opportunity Department). Have him tell them his old employers are withholding wages from him and then read parts of the email pertaining to that.

When I was 19 I walked off a waitress job. I was young and irresponsible. My employer felt he didn't have to pay me for my last days on the job. I contacted the EEOD, explained things to them and they made sure I was paid what was owed to me, minus the average income the restaurant would have made had they not had to close their doors for a few hours when I walked out. It was fair.

Who else got this email? Really, if any reasonable person read what she wrote, they'd figure she was just angry and taking it out on the recipient. She doesn't exactly write like a respectable businesswoman. I would further say that some time from now she may look back on that email and blush with shame.

[nuisance]

Re: Is There???

They Shouldn't Have Treated A Loyal Employee Like That, But..... He Told Them He'd Work Until A Certain Day, And He Didn't Work Until That Day, Nor Call, That Is A No Show And Requires Firing And No Severence Pay.

That's My Opinion.

[Stella]

Re: Is There???

if i ever need an attorney, I will hire Nuisnace !!

her name alone is sure to have people run for the hills !!!

[nuisance]

Re: Is There???

Send 'em All To The Electric Chair!


Didn't Show Up To Work???? Zap 'em!!


Lol

J/k

[beatlebette]

Re: Is There???

Sure doesn't seem fair to me. He had every right to look for another job knowing that the company was folding. He was just looking out for his own butt, which he should be. That really sucks.

[twjd]

Re: Is There???

When you walk off the job and don't show back up is considered job abandonment, which means after so many days the company and do what ever they choose. Also Steph is correct, Texas is a right to work state, a company can hire and fire as they please. You always have the legal right to fight it, good luck. Getting money from a company that has filed bankruptcy, will take years and a lot of lawyer fees. They will have to sell off all their assests and pay their creditors, do think there will be anything left? Probably not. The bottom line. can people chit on you and get away with? Yes. Just don't let it make you a bitter person, anger will eat you up inside and take control of your emotions, don't let. Good things happen to good people.