When you have worked your entire life and have to end up in court....

United States
June 15, 2010 1:31pm CST
Today I met with yet another attorney, this one is a Labor Law specialist. So I became unemployed six months ago and well to top did not get my last two well deserved and then some earnings. It is bad enough that the company busts and well you as a long, long time valid employee do not even get the decency of at least getting your hard earned money. I met with a Labor Law attorney today, which by the way costs me $250 bucks I did not have to spare, so he could educate me on my employee rights. So options given is a very lucrative letter of threat with demands that the Labor Law stipulates that no matter what an employee has the absolute right to their earnings. Secondly, if no response or rebuttal, then I will be looking at contacting our specific labor board to create a phone hearing and determination. If that route doesn't work then two other options to exhaust are appealing and or civil actions. Which by the way are going to running a handsome tab for the attorney. I am puzzled; knowing that if a business has gone this far in impinging on my employee rights, that being said, why would they just hand it over? Would you go this far to perhaps break even and or be in a deeper whole financially now with an attorney? It is bad enough that I have had my entire life discombobulated by no longer being employed, but to have dedicated so much loyalty to a company that is willing to go this far is beyond me. Tell me would you go that far to prove a point? Would you continue fighting when you have no strength and or taste for further discombobulation? I am interested in knowing how far would you go?
2 people like this
6 responses
• United States
15 Jun 10
Are there other employees in the same class you are? Those who have not received their final settlements? If so, you may want to find out if there is already a class action suite against your former employer. If not, when you go after them in civil court you will need to make sure that you add the cost of attorneys to your damages. The only problem is if the company has completely disolved and there are no assest left then the chances of you getting your money are greatly diminished. So do you homework. Find out if there is something there that will allow payoff to happen.
1 person likes this
• United States
15 Jun 10
You read my mind I am working on that, only I believe that my efforts will end right back to where I am, in a deep whole :( Thanks for your response, nice to know that others think the same. I do not believe they have completely dissolved but as the attorney today informed me that in these situation business owners have a tendency to hide assets. Which of course will be unfortunate for me.
1 person likes this
• United States
16 Jun 10
I have never understood the function of getting unemployment. You got fired and then you get paid while not working? How does this seem fair? Shouldn't you have been saving money yourself while working incase this happens? I understand it's hard to find work, my friends have told me this many times. I also know people that just live on unemplyment then when it runs out they might try to find a job or just go on food stamps and hand outs. I have nothing against food stamps and programs like that, as long as it's not abused which from what I've seen it is most of the time. If you can work do it.
• United States
16 Jun 10
I sort of relate to your comment, which is why I have been ever so deligent in seeking for work. Unemployment, goodness I have worked 25 consecutive years in my life and was fortunate/blessed to have never had to ever apply for it. When the circumstances that occurred at my job; completely out of all of our control, and may I add I was employed their for 21 years, happened well I had to learn what it was like to apply for unemployment, as I have never done that before. Unemployment is suppose to be an assistant/ in between compensation for having dedicated and been loyal for x amount of months during x amount of quarter per year, that an employee works. Well when known of us qualified for unemployment, where do you think that left me.... hmmmm... Now unemployed with a mortgage, two out of state college tuition loans, and daily ever so necessary bills-as as single responsible parent. No where but to live off your what ever savings you think is possible for a person with all the above responsibilities. I can't imagine a person like me who was to use to a high paying salaries receiving the peanuts that these assistance programs offer. So as far as people getting fired, I agree. But all the employees including myself who went on to our normal routine and business to be completely oblivious and shut down a day when business was to be as usual. None of us asked for it, none of us did anything wrong to deserve such treatment. I don't believe my posted discussion indicated that I was fighting to get unemployment and or food stamps as you called it. May I add, I have never entered the State's Department of Human Services, bless be to God. I have no desire to live off anyone other than myself. I would suppose that people who ever so are in need with absolutely no resources should go and get the assistance. Notice the word assistance, it is there to help not live off. As long as I have my health, and willpower naturally the idea is to work, work and work. It is not a happy feeling to have dedicated your entire life to end here. Imagine, working your footsies off as normal and not only do you get your last check stop payment and then not get paid for 1/2 pay, your last payroll as well. Would be quick to say it's quite alright I will just be able to dust myself off and "get another job"... Think about that one for a minute.... I never had to. I suppose the never say never phrase is valid here.
• Ireland
16 Jun 10
Some people just get the wrong end of the stick. Don't let the ...grind you down. We are all insimilar boats, all the world's unemployed, whwere working online for ourselves becomes one of te few options available. Take care
@paula27661 (15900)
• Australia
16 Jun 10
This sounds very distressing for you! Is there some kind of free legal assistance where you live? We have legal aid in Australia. My husband was owed money from an employer once and he contacted an Ombudsman who helped him retrieve what was owed to him. It seems so unjust that you should have to pay $250 just to receive what is rightfully owed to you. I would think carefully before proceeding with court etc because not only it would be very expensive, the stress on you may not be worth it. I wish you all the luck with this...Let us know how you go...
• United States
16 Jun 10
I have always been a going getter in life. I have always fought to the bullet. I have decided, that since I have already paid the lawyer yesterday that I would allow him to send the letter of demand. I have no promising hopes but at least I can put some closure in my brain. If this route fails, I for the first time in my life will have to walk away and let it go. As another respondent stated stress and health will gravitate yet even more and right now I can't afford to lose my health. I will have taken this as a heavy undeserved lesson to have learned in my life, but sometimes as humans we have absolutely no control over other peoples actions. Thank you so much for replying and wishing me luck, as I have a long redundant process to correct in my path. :)
• United States
16 Jun 10
I failed to reply regarding "free legal assistance", my goodness here in US, there is no such thing anymore about free. The courts are so overloaded with cases that it is not that they won't help, it can take years and by then well it gets pretty much settled and not necessarily in my favor. I remember an acquaintance who had free legal assistance for child support and whoa, the child was 2 by the time all was well and done the child was 16 and by then the parent being sued did not have a dime to his name or recoverable assets so there is only a judgment and well a lot of people live comfortably even with judgments weighing over their heads.
@KrauseHome (33831)
• United States
8 May 11
I hope by now something Good has come from this situation, as this does not sound like a Good situation for anyone to ever have to be in. I know that depending on the situation and some states like for instance where I live, anytime they get contact from someone saying that something is going wrong, etc. especially if a Lawyer is being called in, they usually end up settling out of court and paying the person off. Hope there was something more they did.
• United States
16 Aug 11
Hi Tina! I am not sure why I did not get the email alert of your response to this discussion four months ago. I am sorry for such a delay as I usually comment right away. As you know life has not got any better, I did not continue to pursue the company as it was costing me more then I was going to gain in the end. I am quite sad on how my life has gone in such a bad direction, but my hopes, persistence and drive keeps me going daily so hopeful that life at some point gets better. I have kept up with your discussions also and please know I have you also in my prayers.
@Bellapop (1281)
18 Jul 10
I think if the company just didn't pay you out of spite thenperhaps I would go to court to prove my point, but if I was already really broke, I would seriously consider whether I really should waste more time and energy with this company, first of all thinking how much it would benefit me. The good thing is that legal aid exists now to help those with low income so that people with limited financial means can have the right to achieve justice. If it's a large amount that they owe me, then possibly I would go ahead, but if just a small amount, perhaps I would just leave it for the time being, use my remaining energy to get myself a new job, save up and get myself into a stronger position when I can fight this b*****ds if I feel it's worth it.
• United States
16 Aug 11
Someone just revived this discussion when I came across your response. I am not sure why I never received the email alert, so my sincerest apology for commenting so very late. Sadly I had to let it go as it was costing me more then I was going to get in the end. I am quite sad in the route my life has taken after this company did me this way. Sad for them as well as I really upped that company to something really big and not long after they too closed their doors.
@Philtrate (254)
• Ireland
16 Jun 10
Sorry to hear of your troubles. Seems like being anm employee is a lousy deal all round. One other thing you need to consider is the stress and its effect on your health. There is stress either way. Stress by accepting status quo, biting the bullet and moving on, stress by fighting it and spending money you don't have. Only you can weigh up the probability of any fight succeeding. Personally, although it would hurt me, I think I would let it go, but it is not an easy decision.
• United States
16 Jun 10
You read my mind this morning. I have been well over stressing on this matter for quite sometime to find no resolution. So after all is well and done, I woke up this morning with a decision. Since I already paid Labor Law attorney for his consult fee yesterday, I decided I would let him send the legalistically letter of demand, which was included in the fee. If no resolution occurs thereafter I am going to walk away. Although victory may be comforting for some people, unless you actually walk in the shoes I have been for so long sometimes victory can come in other forms. Deteriorating my health is what I have been getting in return, leaving my frame of mind not to be able to function to it's full potential. I have lost a great many of things during this process, and continuing to fight a never ending battle is causing further destruction. I appreciate that great minds think alike. Thanks :)