THE BORE

General => The Superdeep Borehole => Topic started by: The Fake Shemp on July 11, 2009, 12:58:12 PM

Title: Preparing to take my old employer to small claims!
Post by: The Fake Shemp on July 11, 2009, 12:58:12 PM: Not only did Hollywood Video not give me a correct final paycheck in the manner dictated by law (I received it four days ago when my last day was June 4th, plus they dicked me on hours), they did not payout my unused vacation pay.

This bothers me for several reasons:

I specifically requested my vacation start on June 5th through the next week, well before I gave notice - and! - Maryland state law requires that they payout all unused vacation hours in cash value unless I sign an employee policy that states otherwise upon date of hire. Which I did not.

Requests to payroll have been ignored - twice. So I'm preparing to go to small claims now.
Title: Re: Preparing to take my old employer to small claims!
Post by: Kestastrophe on July 11, 2009, 01:18:53 PM: Does "preparing to go to small claims court" include consulting with an attorney? Pretty shitty in any case, but I bet that place has fairly high turnover and most likely very few employees bother to dispute their last check/vacation time/etc.
Title: Re: Preparing to take my old employer to small claims!
Post by: Madrun Badrun on July 11, 2009, 01:47:10 PM: Do they know you're Jewish? They can't possible win! Remind them that you're Jewish.
Title: Re: Preparing to take my old employer to small claims!
Post by: Great Rumbler on July 11, 2009, 02:00:27 PM: Are you gonna be on Judge Judy?
Title: Re: Preparing to take my old employer to small claims!
Post by: Barry Egan on July 11, 2009, 02:46:58 PM: Jonah Hill thought he was getting payed for his Booze Cruise: *Black and white clip of Willco shouting "I had unused vacation pay!"* ...But his employer thought otherwise! Next time on Judge Judy!
Title: Re: Preparing to take my old employer to small claims!
Post by: Madrun Badrun on July 11, 2009, 02:48:35 PM: :lol
Title: Re: Preparing to take my old employer to small claims!
Post by: OptimoPeach on July 11, 2009, 03:05:48 PM: Good luck, that's some BS, especially for everything you seemed to have put up with there. My last paycheck was supposed to be delivered via direct deposit, but some distinguished mentally-challenged fellow in payroll apparently charged it to a company cash card that I never even signed up for. It's such a small amount ($67, it was only for like two shifts :lol) that I've been too lazy to sort it out.
Title: Re: Preparing to take my old employer to small claims!
Post by: Cyanista on July 11, 2009, 03:15:13 PM: Take it to the peoples' court!
Title: Re: Preparing to take my old employer to small claims!
Post by: The Fake Shemp on July 11, 2009, 04:53:05 PM: I was shafted about $50 in my regular check which should've been received no later than June 21st (not a huge deal, but still irks me), and they owe me about $650 (that's take home pay, after taxes) in unused vacation pay.

I'm not going to get an attorney for small claims. I have - surprise! - a lawyer or two in my family that I can consult with, but I'll just fill out the paperwork and take them to court.
Title: Re: Preparing to take my old employer to small claims!
Post by: Joe Molotov on July 11, 2009, 05:12:32 PM: Quote from: Willco on July 11, 2009, 04:53:05 PM
I have - surprise! - a lawyer or two in my family

:lol

Time to go all Protocols of Zion on their asses. :rock
Title: Re: Preparing to take my old employer to small claims!
Post by: The Fake Shemp on July 11, 2009, 05:40:07 PM: It's more about the principle than anything else. I really put in a ridiculous amount of unpaid overtime that didn't go towards my accrued vacation time or anything (not that I had a lot), but I better damn well get paid out for the time I did accrue.
Title: Re: Preparing to take my old employer to small claims!
Post by: Bloodwake on July 11, 2009, 06:51:58 PM: Good luck. Employers can be bitches.
Title: Re: Preparing to take my old employer to small claims!
Post by: demi on July 11, 2009, 06:57:19 PM: i'm rooting for you willco.
Title: Re: Preparing to take my old employer to small claims!
Post by: chronovore on July 13, 2009, 01:11:59 AM: Sic 'em! It's one thing to deal with giving overtime on your own judgment, but when they come back and mess with you on things you're legally entitled to, it's time to take them to school.
Title: Re: Preparing to take my old employer to small claims!
Post by: BlackMage on July 13, 2009, 01:52:28 AM: don't forget to bring up the holocaust for sympathy. MUZZLETUF
Title: Re: Preparing to take my old employer to small claims!
Post by: demi on July 13, 2009, 07:28:37 AM: still rooting for you. got my little flags out and everything.
Title: Re: Preparing to take my old employer to small claims!
Post by: Tauntaun on July 13, 2009, 10:10:15 AM: Quote from: demi on July 13, 2009, 07:28:37 AM
still rooting for you. got my little flags out and everything.

You have willco flags? :o Can I have one? :hyper
Title: Re: Preparing to take my old employer to small claims!
Post by: The Fake Shemp on July 13, 2009, 04:39:20 PM: Got into it with payroll and HR today, it ended with everyone throwing their hands up and saying, "Let's go to court!"

They made the argument that they only payout accrued vacation hours in states where it's required and that Maryland is not one of those states. Which is incorrect - by law, they have to pay out unused vacation hours in cash unless it is communicated to me otherwise in a written policy at the date of my hire.

Then payroll made the argument that it's in my handbook.

Which I then countered saying I never received any handbook when I was initially hired, nor does the company have any documentation acknowledging that I have received employee handbooks or training. In fact, my initial hiring was a clusterfuck and I was forced to run a store on my first day. I was supposed to take an assessment test and everything, but that never happened. So the company has no proof that they communicated to me the written policy when I was hired.

Not to mention, I didn't receive my final paycheck well over a month after my final day and could potentially sue for damages.