jangalang Posted December 18, 2009 Posted December 18, 2009 I don't know much about the legal side of things, so let's see if anybody can offer me some advice. Here's the rundown: My wife has worked for a very wealthy man (> $300 million) as a nanny/personal assistant for about 9 months. This man has to have the highest turnover rate possible because of his narcissistic and demanding ways. The way this guy treats his employees is like something you'd see in a movie. He has up to 10 people working in his home on a daily basis. His turnover rate has been so high, that my wife had the most experience with him in her 5th month! But, why did my wife stay? She was being paid over 60k...that's why. Well, she finally decided last week that it was just not worth it and put her 2 weeks notice in. At the time, she had worked so much overtime that he owed her $2200 on her next check. We have never had a problem receiving the overtime, but in this instance he told her he'd split it up into $1100 on one check and the other half on the next. Well, three days after my wife put in her two weeks, he called and fired her over the phone for "lack of production". That's b.s., but whatever. So, he gives my wife a confidentiality form to sign (cause he's kind of a celebrity) so she doesn't rat on all the drugs he takes and whatnot. On the form, it says that he'll pay her $1250 upon her leaving to cover one week of work plus severance pay. Yet, it does not say anything about the other $1100 that she is owed. Therefore, she's obviously not going to sign it. Here's the dilemma... My wife has been trying to contact his accountant numerous times in the past few days, yet she is being ignored. So, she tried to contact her boss and got his voicemail. She left a very kind message that she will not sign the papers until she is properly paid. So, in response, he had one of his minions call her and tell her to leave him alone and stop calling. Then, we received the $1250 in check form through FEDEX yesterday and had it cashed immediately. Yet, he still owes her the $1100. What should we do? I feel like going through court would be a waste of time because this guy is being sued by 4 other people right now and has the finest lawyers money can buy, while we definitely can't afford that. And, he's the kind of guy that would fight such a small amount of money in court just to make a point. Any realistic thoughts or suggestions?
DC Mom Posted December 18, 2009 Posted December 18, 2009 I don't know much about the legal side of things, so let's see if anybody can offer me some advice. Here's the rundown: My wife has worked for a very wealthy man (> $300 million) as a nanny/personal assistant for about 9 months. This man has to have the highest turnover rate possible because of his narcissistic and demanding ways. The way this guy treats his employees is like something you'd see in a movie. He has up to 10 people working in his home on a daily basis. His turnover rate has been so high, that my wife had the most experience with him in her 5th month! But, why did my wife stay? She was being paid over 60k...that's why. Well, she finally decided last week that it was just not worth it and put her 2 weeks notice in. At the time, she had worked so much overtime that he owed her $2200 on her next check. We have never had a problem receiving the overtime, but in this instance he told her he'd split it up into $1100 on one check and the other half on the next. Well, three days after my wife put in her two weeks, he called and fired her over the phone for "lack of production". That's b.s., but whatever. So, he gives my wife a confidentiality form to sign (cause he's kind of a celebrity) so she doesn't rat on all the drugs he takes and whatnot. On the form, it says that he'll pay her $1250 upon her leaving to cover one week of work plus severance pay. Yet, it does not say anything about the other $1100 that she is owed. Therefore, she's obviously not going to sign it. Here's the dilemma... My wife has been trying to contact his accountant numerous times in the past few days, yet she is being ignored. So, she tried to contact her boss and got his voicemail. She left a very kind message that she will not sign the papers until she is properly paid. So, in response, he had one of his minions call her and tell her to leave him alone and stop calling. What should we do? I feel like going through court would be a waste of time because this guy is being sued by 4 other people right now and has the finest lawyers money can buy, while we definitely can't afford that. And, he's the kind of guy that would fight such a small amount of money in court just to make a point. Any realistic thoughts or suggestions? This is not legal advice. Consider two cheap options: not paying wages, including overtime, most likely violates the Fair Labor Standards Act and a similar state law. Consider getting in touch with your state's department of labor and/or the US DOL: http://www.dol.gov/cgi-bin/compliance_contactus.asp They may be able to help you. Second option is small claims court, which doesn't force you to pay for the lawyer (with such a small amount at stake, you would want to be fighting this over principle if you got a lawyer involved). You don't *need a lawyer* for any claim, but you will most likely fail in other court by yourself. I also assume that your wife isn't eligible for legal aid? If it were me, I would try getting the money back through the labor enforcement first.
Fewell733 Posted December 18, 2009 Posted December 18, 2009 you should not post any information about this on the internet
jangalang Posted December 18, 2009 Author Posted December 18, 2009 you should not post any information about this on the internet Too late.
thebug Posted December 18, 2009 Posted December 18, 2009 Call the police and tell them his house is full of drugs.
KD in CA Posted December 18, 2009 Posted December 18, 2009 Call the police and tell them his house is full of drugs. That's what I'd do. Obviously from a pay phone across town. Also, forget the lawyer and go the small claims route.
Guffalo Posted December 18, 2009 Posted December 18, 2009 Call TMZ or any of the other stalkerazzi outlets and mention the name of the douche and that he hasn't paid back wages. If that is not acceptable, call his accountant or him with the number for TMZ or said stalkerazzi and offer this message.."Hey Javier, I'm going to be leaving you the number for TMZ, I plan on calling Tuesday around 3pm to describe your non-payment policy for overtime. I'm sure you will want to get your side of the story out there after I call, I think it shouldn't last more than 15 minutes, but if they ask any questions it may take longer, you may want to chat them up around 4 ish? Here's the number 555-9188 ask for Derek"
KD in CA Posted December 18, 2009 Posted December 18, 2009 Call TMZ or any of the other stalkerazzi outlets and mention the name of the douche and that he hasn't paid back wages. If that is not acceptable, call his accountant or him with the number for TMZ or said stalkerazzi and offer this message.."Hey Javier, I'm going to be leaving you the number for TMZ, I plan on calling Tuesday around 3pm to describe your non-payment policy for overtime. I'm sure you will want to get your side of the story out there after I call, I think it shouldn't last more than 15 minutes, but if they ask any questions it may take longer, you may want to chat them up around 4 ish? Here's the number 555-9188 ask for Derek" TMZ? The IRS might be more appropriate. I'm guessing the guy hasn't been paying FICA on all these people.
Booster4324 Posted December 18, 2009 Posted December 18, 2009 That's what I'd do. Obviously from a pay phone across town. Also, forget the lawyer and go the small claims route. not too late to delete it
Stl Bills Posted December 18, 2009 Posted December 18, 2009 Get that drunk baby from Chattanooga to break in his house and steal the money.
Fezmid Posted December 18, 2009 Posted December 18, 2009 Second option is small claims court, which doesn't force you to pay for the lawyer (with such a small amount at stake, you would want to be fighting this over principle if you got a lawyer involved). You don't *need a lawyer* for any claim, but you will most likely fail in other court by yourself. I also assume that your wife isn't eligible for legal aid? Small claims court not only does not require a lawyer, it does not ALLOW lawyers in the courtroom. If she sues him in small claims court and he fails to appear, she wins. Many years ago I had to sue my landlord for my security deposit. He brought a lawyer, and the lawyer started talking. I politely interjected that lawyers were not allowed in court, and the judge confirmed that was true and told the lawyer to sit down and keep quiet. My landlord looked scared at that point, and I won the case easily. Of course there's no guarantee he'll pay the judgement, but I'd at least go to small claims court to get it done. It's a little stressful thinking about it, but in actuality it's really easy. You give your side, he gives his side, and a week later you get the verdict in the mail.
jangalang Posted December 18, 2009 Author Posted December 18, 2009 Thanks for the help, guys and gals. I'll wait it out through the weekend and make a decision.
kegtapr Posted December 18, 2009 Posted December 18, 2009 So, he gives my wife a confidentiality form to sign (cause he's kind of a celebrity) so she doesn't rat on all the drugs he takes and whatnot. Not a very smart celebrity. That should have been signed before she started working. I vote public shaming.
MarkyMannn Posted December 18, 2009 Posted December 18, 2009 Of course there's no guarantee he'll pay the judgement, but I'd at least go to small claims court to get it done. Isn't that the major down-side of small claims, it is difficult if not impossible to collect?
Chef Jim Posted December 18, 2009 Posted December 18, 2009 Drugs? No big deal these days. Call the SEC and tell him he's been giving you insider trading tips.
Chef Jim Posted December 18, 2009 Posted December 18, 2009 Isn't that the major down-side of small claims, it is difficult if not impossible to collect? I'm not sure about that. My wife is 2-0 in small claims and collected both times.
bills_fan Posted December 18, 2009 Posted December 18, 2009 TMZ? The IRS might be more appropriate. I'm guessing the guy hasn't been paying FICA on all these people. That what I would say to him. Either pay the OT I am owed or I drop a dime to the IRS.
Beerball Posted December 18, 2009 Posted December 18, 2009 My wife has worked for a very wealthy man (> $300 million) as a nanny/personal assistant for about 9 months. You let your wife work for SKOOBY and now you're surprised that things ended badly?
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