jangalang Posted December 18, 2009 Share 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? Link to comment Share on other sites More sharing options...
Movinon Posted December 18, 2009 Share Posted December 18, 2009 Shiv the mofo. Link to comment Share on other sites More sharing options...
DC Mom Posted December 18, 2009 Share 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. Link to comment Share on other sites More sharing options...
Fewell733 Posted December 18, 2009 Share Posted December 18, 2009 you should not post any information about this on the internet Link to comment Share on other sites More sharing options...
jangalang Posted December 18, 2009 Author Share Posted December 18, 2009 you should not post any information about this on the internet Too late. Link to comment Share on other sites More sharing options...
thebug Posted December 18, 2009 Share Posted December 18, 2009 Call the police and tell them his house is full of drugs. Link to comment Share on other sites More sharing options...
Fewell733 Posted December 18, 2009 Share Posted December 18, 2009 Too late. not too late to delete it Link to comment Share on other sites More sharing options...
KD in CA Posted December 18, 2009 Share 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. Link to comment Share on other sites More sharing options...
Guffalo Posted December 18, 2009 Share 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" Link to comment Share on other sites More sharing options...
KD in CA Posted December 18, 2009 Share 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. Link to comment Share on other sites More sharing options...
Booster4324 Posted December 18, 2009 Share 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 Link to comment Share on other sites More sharing options...
Stl Bills Posted December 18, 2009 Share Posted December 18, 2009 Get that drunk baby from Chattanooga to break in his house and steal the money. Link to comment Share on other sites More sharing options...
Fezmid Posted December 18, 2009 Share 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. Link to comment Share on other sites More sharing options...
jangalang Posted December 18, 2009 Author Share Posted December 18, 2009 Thanks for the help, guys and gals. I'll wait it out through the weekend and make a decision. Link to comment Share on other sites More sharing options...
kegtapr Posted December 18, 2009 Share 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. Link to comment Share on other sites More sharing options...
MarkyMannn Posted December 18, 2009 Share 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? Link to comment Share on other sites More sharing options...
Chef Jim Posted December 18, 2009 Share Posted December 18, 2009 Drugs? No big deal these days. Call the SEC and tell him he's been giving you insider trading tips. Link to comment Share on other sites More sharing options...
Chef Jim Posted December 18, 2009 Share 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. Link to comment Share on other sites More sharing options...
bills_fan Posted December 18, 2009 Share 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. Link to comment Share on other sites More sharing options...
Beerball Posted December 18, 2009 Share 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? Link to comment Share on other sites More sharing options...
BarkLessWagMore Posted December 18, 2009 Share Posted December 18, 2009 You let your wife work for SKOOBY and now you're surprised that things ended badly? Nice one 'sphere. I miss the SKOOB. I wonder what car he's driving now. He should be up to a Bentley by now. Link to comment Share on other sites More sharing options...
Bullpen Posted December 18, 2009 Share Posted December 18, 2009 You let your wife work for SKOOBY and now you're surprised that things ended badly? Oh bawl... you've done it again! As for advice on this situation; I think Don Henley said it best: Dirty little secrets, dirty little lies We got our dirty little fingers in everybody's pie Love to cut you down to size We love dirty laundry Link to comment Share on other sites More sharing options...
Fezmid Posted December 18, 2009 Share Posted December 18, 2009 I'm not sure about that. My wife is 2-0 in small claims and collected both times. Yeah, I'm 1-0. I don't know what the next step is if you win and the guy doesn't pay though... I didn't have to look that far. Link to comment Share on other sites More sharing options...
Chef Jim Posted December 18, 2009 Share Posted December 18, 2009 Yeah, I'm 1-0. I don't know what the next step is if you win and the guy doesn't pay though.. Go back to step one. Link to comment Share on other sites More sharing options...
Cynical Posted December 18, 2009 Share Posted December 18, 2009 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. This must be a state specific rule. IIRC, Georgia does NOT limit lawyers from being involved/handling a small claims case. The only differences between a small claims and a regular civil suit is the dollar amount, and what costs you can include in the case. 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. Link to comment Share on other sites More sharing options...
Cynical Posted December 18, 2009 Share Posted December 18, 2009 Yeah, I'm 1-0. I don't know what the next step is if you win and the guy doesn't pay though... I didn't have to look that far. Not paying can be a good thing or a bad thing. If the defendant has the money, it is in their best interest to pay as quickly as possible. Once judgment has been passed, the creditor can usually charge interest on top of the judgment. Once you have a judgment, there are several options to collect. To cover a few: You can start slapping judgment liens on any property they may own. If the other party collects a paycheck, you can tap/dock their wages from their employer* Tap a bank account* *These 2 options would usually require getting an additional court order Link to comment Share on other sites More sharing options...
Dan Posted December 18, 2009 Share 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" That's along my line of thinking. Call him up, and lay out the scenario: Pay me my measly severence pay AND the $1100 bucks. I sign the confidentiality agreement. And walk quietly away, never to be heard from again. Or, don't. Then I make a few calls to TMZ and the like and see what my story is worth. And we all see just how far down the rabbit hole we can go. Give them a day to cut a check, then start making some calls. Depending upon who this individual is, your story could be quite profitable. Link to comment Share on other sites More sharing options...
jangalang Posted December 18, 2009 Author Share Posted December 18, 2009 I forgot to tell how my wife signed a confidentiality agreement when she was originally hired. Now, what he wants her to sign is like a "cut all ties"/confidentiality agreement. Knowing of the first signing, I think contacting TMZ wouldn't be a great idea...or would it? Link to comment Share on other sites More sharing options...
stuckincincy Posted December 18, 2009 Share Posted December 18, 2009 I forgot to tell how my wife signed a confidentiality agreement when she was originally hired. Now, what he wants her to sign is like a "cut all ties"/confidentiality agreement. Knowing of the first signing, I think contacting TMZ wouldn't be a great idea...or would it? "Then, we received the $1250 in check form through FEDEX yesterday and had it cashed immediately. Yet, he still owes her the $1100." And it cleared. You got the owed $1,100 and another $150 to boot. You told us he is dripping with legal buffers, sues others out of pure spite. Do you want that kind of well-financed hate turned your way? Rotten, unfair, etc., I know. If you want vengence, my thought is that you will have to follow a criminal route. Don't let this POS push you there. Drop it. Link to comment Share on other sites More sharing options...
Dan Posted December 18, 2009 Share Posted December 18, 2009 I forgot to tell how my wife signed a confidentiality agreement when she was originally hired. Now, what he wants her to sign is like a "cut all ties"/confidentiality agreement. Knowing of the first signing, I think contacting TMZ wouldn't be a great idea...or would it? Nope. If there's an existing agreement in place, contacting anyone would be a bad idea. Although, not sure why a 2nd agreement is needed. Given the amount in question... $1100 I'm thinking your best option is small claims court, as others have suggested. Although, I know little of these matters. Quite honestly if it was me... I'd probably let it drop, but then again I'm wussy like that. Link to comment Share on other sites More sharing options...
jangalang Posted December 19, 2009 Author Share Posted December 19, 2009 "Then, we received the $1250 in check form through FEDEX yesterday and had it cashed immediately. Yet, he still owes her the $1100." And it cleared. You got the owed $1,100 and another $150 to boot. No, that $1250 was her normal salary for the past week she had worked, so he still owes us the $1100. Update: The accountant finally called my wife today and told her that she knows the situation but is too scared to ask the guy about it because of the chaos in his office that was caused by my wife not being there (I'm dead serious). Evidently, the guy is 10x worse than normal, which says a lot. So, she promised my wife to get back to her on Monday when she will definitely speak with him about it. I'll take this as good news and hope that the boss honestly forgot to put what he owes in her final check because of the craziness that he brought upon himself. As much of an a-hole as he is, he has always paid my wife what she is owed...until now. So, we'll see. Regardless, he will burn in hell. Link to comment Share on other sites More sharing options...
The Plastic Cup Posted December 19, 2009 Share Posted December 19, 2009 Don't forget to bring a towel. Link to comment Share on other sites More sharing options...
The Poojer Posted December 19, 2009 Share Posted December 19, 2009 Just tell Tiger to pay up now, or else! Link to comment Share on other sites More sharing options...
BillsWatch Posted December 19, 2009 Share Posted December 19, 2009 Pay me my measly severence pay AND the $1100 bucks. I sign the confidentiality agreement. And walk quietly away, never to be heard from again. Or, don't. Then I make a few calls to TMZ and the like and see what my story is worth. And we all see just how far down the rabbit hole we can go. Do that and it is blackmail. With the confidentiality agreement your hands are tied assuming it is well written and enforceable. The key is to know what is covered (and can be enforced legally) and what is not in that agreement. But if he is as rich as you claim he can just keep counter suing like Micro$oft hoping you run out of laywer money. Link to comment Share on other sites More sharing options...
Nanker Posted December 19, 2009 Share Posted December 19, 2009 I guess I can understand it - somewhat, because he's always been a douche, but it's still sad to hear about Jimmy Carter's treatment of his staff. Link to comment Share on other sites More sharing options...
Estro Posted December 19, 2009 Share Posted December 19, 2009 Leave a simple voice mail on his phone, or anyone that speaks directly to him explaining that perhaps he forgot about or misunderstood the fact that she has not been fully compensated for her back pay that she is owed by him for accrued overtime. i would list as many details as possible. "I hope this can be cleared up in a timely manner considering it is a small amount and easy fix, however, if required I will pursue being compensated through small claims court. thank you" Link to comment Share on other sites More sharing options...
tennesseeboy Posted December 21, 2009 Share Posted December 21, 2009 I like DC Mom's idea but I don't think they are exclusive. Department of Labor and Small Claims Court as well as unemployment. He fired her and even if he contests it she might argue constructive discharge on the issue of drug usage and other general harassment, from how you are saying employees are treated. He has money...you have time ...he probably wouldn't want to fight this in three different forums. You might or might not get the money you are owed, but you certainly would be letting him know you are going to attempt every possible legal remedy. If he is also hiring (as many do) illegal aliens that should be brought to the attention of the proper authorities. Link to comment Share on other sites More sharing options...
Jim in Anchorage Posted December 21, 2009 Share Posted December 21, 2009 The only thing more boring than legal advice is how to back up your Mac hard drive. Link to comment Share on other sites More sharing options...
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