PDA

View Full Version : My old employer has a $5000 Lawyer, to take me to court with.


powerboy
10-16-2007, 07:26 AM
My last job hod to close down on July 7th, 2007. I have filed with the labor board, since I didn't get paid my last check and also that I haven't received any back pay. Recently I received an email from an coworker, from when we both worked there. She mentioned that she had ran into that owner. He wanted to know, if she knew why I took them to the labor board. She mentioned that she didn't. He then mentioned that he has a $5000 lawyer, and will have documentations stating that put the wrong hours down, on my time sheet. Also that I have taken my time sheet home, yeah after it got faxed to the accountant. I know he is only saying that, so I would get scared and drop the case. But it is not working. I have all the time sheets and dates of when I did/didn't get paid.

I am wanting to know any advice you can give me. What are takes on it? Thank you for reading this post.

Banrion
10-16-2007, 09:13 AM
Well first off, $5000 sounds like alot of money, but as far as legal retainers go, it's not, so don't let that scare you at all. Also, you really shouldn't have anything to worry about if you have your paperwork in order.

Jester
10-16-2007, 10:13 AM
Generally speaking (though not always), when people boast about how powerful or expensive their lawyer is, they don't really have that powerful or expensive a lawyer. It's a lot like sex. Generally speaking, the people who talk about it most get it the least. And besides, didn't you say that his business had to close down and he didn't get you your last paycheck? Methinks he may not be able to afford said high-priced lawyer to begin with, and is just blowing a lot of bluster to get you (and possibly others) off his back.

My advice: Don't back down.

Boozy
10-16-2007, 02:38 PM
Well first off, $5000 sounds like alot of money, but as far as legal retainers go, it's not, so don't let that scare you at all.

Agreed. Even a cheap lawyer is going to burn through $5000 pretty quick.

Let's see...even at the bargain basement rate of $100 an hour, the lawyer is only going to have 50 hours to work with. But don't forget that they also charge for every photocopy, every long distance phone call charge, every staple, every post-it note.

I also doubt your ex-employer is going to run up thousands of dollars in legal fees just to avoid paying you what you earned. Unless he owes you more than $5000, he's already made one hell of a bone-headed financial decision.

digilight
10-16-2007, 03:24 PM
Like Boozy said, any attorney can eat thru that 5 grand in nothing flat. Remember I see alot of legal paperwork and the while the average retainer is anywhere from 1500 bucks to 3500 bucks (now mind you I don't really pay attention to often when I see the retainer agreement contracts). This is just an advance payment on your account. You are still responsible for all fee's and costs that go along with that case. And you normally don't retain a "Lawyer" you retain the "Firm" and the costs vary according to who is doing the work. the Senior Partner, Or Partner may be billing at $350 an hour (Average) an Associate will bill at $250 an hour, Paralegal at $100 an hour, etc. All phone calls are billed, any copy work done for the case is normally done at an outside firm like mine. The cost for this will vary depending on the number of copies required, and how much handwork is involved (Unstapling, Restapling, Odd Sized Originals like checks/stubs/reciepts/etc, hand placement, etc). And you're former boss will also be getting monthly bills as well.

Just my gut opinion, but for someone to say that he "Has a $5000 Lawyer" means that he doesn't have shit. You are not going to refer to the retainer as the price of the lawyer because that doesn't mean squat. Now if he had said that he had a $250.00 an hour lawyer that would be a little more direct.

I think he is trying to bluff you into shutting up. I would, however, place a call to the labor board and let them know what he is trying to get sent down the grape vine to you. They would be quite happy to know that he is trying to pressure you. Remember if he loses this case that he could, in theory be out more than that 5 grand in back pay, fee's, and penalties.

Mr. Rude
10-17-2007, 01:43 AM
Is your last paycheck 5 grand? ;)

IMHO, your old boss is full of sh@t & is blowing hot air out his ass. If he has issues he can deal with the labour board. That's what they're there for. To protect the "little guy".

If he even tries to give you any grief, forward it to the board. :devil:

BookstoreEscapee
10-17-2007, 02:18 AM
Also consider the fact that he's "telling" you this through a former coworker who he happened to run into. If he has plans to take legal action, he should be contacting you through said $5000 attorney, not random encounters with former employees. And if he wants to know why you did what you did, he should also be contacting you directly, or through his lawyer. I agree, he's full of it.

powerboy
10-17-2007, 07:51 AM
.

I think he is trying to bluff you into shutting up. I would, however, place a call to the labor board and let them know what he is trying to get sent down the grape vine to you. They would be quite happy to know that he is trying to pressure you.


I will now that you mentioned it. I already knew, he was trying to get me to call off the case. Thank you for that. Its fun watching him, bury his own grave

Kusanagi
10-17-2007, 10:30 PM
So let me get this straight:

Dude wants to hire a bottom feeding late night lawyer at $100 an hour for only 50 hours of work to prove that you aren't owed the less than $5000 of your last paycheck, in a case he's going to lose.

No wonder the job had to shut down.

Der Cute
10-17-2007, 11:29 PM
Write down the date and time he called.....

Do not answer phone, let phone recorder answer it!! Record all messages / vm all messages from Boss.

Write to Labor Board outlining what has happened, who what where when how why.....and send it certified mail. Keep copy for self. Paper.

Now, when hearing comes up (later this year I think) you might have that PAPER copy of the letter along w/ possible recordings from Boss.

You'll be able to nail him good.

Cutenoob

Irving Patrick Freleigh
10-18-2007, 03:38 AM
So let me get this straight:

Dude wants to hire a bottom feeding late night lawyer at $100 an hour for only 50 hours of work to prove that you aren't owed the less than $5000 of your last paycheck, in a case he's going to lose.

No wonder the job had to shut down.

Say hello to Miguel Sanchez!

Ye Gods, teh stoopid is leaping off the computer screen and implanting itself in my brain.

Stand your ground, and make sure to keep copies of all your documentation.

powerboy
10-19-2007, 07:48 AM
Cutenoob, he never called me. My coworker emailed me and told me what the owner told her,and I did print out that email. I went to the Labor Board and the man working, didn't want to help.:rolleyes::confused: