I won!
Yepper, I won my court case against that ex-employer who mistreated me so badly. I don't mind working through lunch occasionally, I'm not that picky. If there is a customer waiting, I'd rather get them done and be able to relax.
Unfortunately, we all too often did not have a customer waiting. Therefore, why can't I take lunch?
I remember one time, I needed to hit the Post Office to mail a package to one of my friends inside. I'd send them all these printouts and you can't send anything over 13 ounces in the mailbox anymore, so you have to take it into the Post Office in person. That can really be an inconvenience at times.
Well, one day we didn't have any customers so I wanted to hit the Post Office ½ mile away and mail this package. For a couple hours he kept saying, "No, a customer might show up."
"If one does, call me. I'll come right back."
Well, finally, he decided OK, he'd call me if one showed up. I didn't get ¼ mile before I got a call. I immediately turned around and went back to SMOG this car, then wanted to go again.
No dice. Another customer might come and he doesn't want to lose the business.
It was 3 days before he would allow me to go mail my package!
Three fucking days!
I mean, that's ridiculous! He would discount an hour a day for lunch, but, I could not leave the premises in case a customer showed up. We did not want to miss one. If I don't like it, he can always get someone else!
Or, if I showed up early, 'Open the door.'
I showed up 40 minutes early two days in a row one time. I wanted to sit down across the street and relax before work and have coffee. Both days there were cars there for SMOG's so I went in and smogged them, then didn't get to relax for several hours because we were busy.
"Paid for it? Hell no! I don't pay before 9 o'clock." Thats what he told me.
There was constantly this shit happening where money would get taken out of my pocket and put into his.
"I only put 40 hours a week on your paycheck. I'll pay you the rest in cash. What's it matter to you? You get the same amount either way!" Never mind that NO, I don't.
I get less taxes refunded, because they weren't paid. I get less Social Security out of it. I get less unemployment, if I ever need to collect. Plus, if the Gov't ever found out I would be liable for the back taxes, not him.
It really came to a head when I failed a car because it did not have a required SMOG component. They went down the street and got their car passed. Then they wanted their money refunded. He gave them their money back and subtracted half of if from my check, (the cash part of my check, which I'd always bitched about anyway.)
I got really pissed, but, tried to talk to him about it reasonably. Forget it.
"If you don't like it, I can always get someone else. I don't want to talk about it."
So, I filed my claim with the Dept of Labor Standards Enforcement.
When he found out, he flipped out in anger and fired me!
Awesome!
I couldn't quit for fear of not being able to collect unemployment while job-hunting, but, this is it! I'm outta here!
That's almost 2 years ago, but, I won.
He fought me getting unemployment like Perry Mason, (I only collected 3 weeks worth. I was working again long before the hearing,) and then he didn't even bother to show up for the lawsuit. This was the bigger one of the two, by far.
Now, if only he'll appeal.
God, I hope he appeals!
In order to appeal, he will have to put up a cash bond for the full amount of the judgement. Then, when his appeal fails, I will get it all.
If he doesn't appeal, it will take some work to collect, but, I have a judgement! This means, no property can transfer title until he pays me. Not cars, not houses, not shops, nothing. I can attach his bank accounts, and his wife's bank accounts, both business and personal. I can even garnish his or her wages, or I can actually force the sale of his house or business, if necessary, in order to collect my judgement.
I have to do some more research on this, because, it seems complicated and expensive. I do think, however, that he has to pay all collection costs, but, I would have to pay them up front. However, there is an easier, albeit, longer way. The Dept of Labor Standards Enforcement will collect for me, if I wait. They are backlogged, with very few people doing large amounts of work, but, they will get there if I've got the time.
Also, I can sell my judgement. Most generic things I've looked at on this subject mention about 30% - 50% as a general payment, but, that's because most times there will be difficulty collecting. Many people don't have the money to collect. He does. I'll consider it if I'm offered (5 figure number not displayed.) That's about ²/³. I would at least consider that. Not less, though.
First things first, though. He has about 10-15 days to lodge an appeal, if he want's to.
God, I sure hope so.
After all, I want to make sure he gets justice.
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