Legal advice, please...

[ngsm13 5,000+ posts]

Ok, I will try to summarize.

CLIFFS:

1. Shit got stolen and my previous job, I was NOT responsible, they say I owe money and kept MY equipment as collateral, I took my equipment, and now he is threatening to file FALSE police report and contact lawer.

2. I want to call the police now, file a police report myself. Call the department of taxation/unemployment/workman's comp and report the employer. I can also call OSHA, and report the unsafe working conditions in our shop (EXCESSIVE mold, termites for 15+ years, poor upkeep of shop). And also call the better business bureau.

Full story:

My previous place of employment, paid me under the table. I was told after a 3month probationary period, they would put me on the payroll and we would discuss future pay and benefits.

I worked at a CarAudio shop doing custom Audio/Video installations. I pulled a customers car back at 9am one morning, and since an UNNEEDED vehicle was in our extra bay, I could not pull it into the shop. The vehicle was NOT my personal job/installation.

Somehow, by 2:30pm some equipment had been stolen out of the vehicle. They blamed me and said I had to pay the cost on them $250. They put it on my employee account.

Work was soon slow, and I decided to move on to another job with better pay and benefits. So, they tried to deduct the $250 out of my pay they owed me. I stand by that it was NOT my responsibility, and that the installer working on the vehicle should have pulled the car in. I negotiated and they let me pay $150, owing $100 and kept my toolbox and one piece of my equipment.

I came to pick up my equipment, and the partner/owner said I would have to either leave something else or pay the $100. I went back to the shop, to grab my tools to give them a DVD Player. As I was uninstalling, I told a friend/good customer I had done work for the story. He agreed with me, and told me to take my tools, DVD player, and leave. We talked for 15 minutes... and I decided to leave with MY tools and MY equipment.

Now, the partner/owner has called me 3 times. Third time threatened to file a police report stating I stole tools/equipment, and was willing to call his lawyer.

I want to call the police now, file a police report myself. Call the department of taxation/unemployment/workman's comp and report the employer. I can also call OSHA, and report the unsafe working conditions in our shop (EXCESSIVE mold, termites for 15+ years, poor upkeep of shop). And also call the better business bureau.

I have until 10am tomorrow morning to decide.

Thanks to those who actually give legit advice. I appreciate it.

nG

Click to read more...

 

[tEh koRnDog 5,000+ posts]

I would just do what you said you plan on doing. Like you said, the installer in charge of that car should have done it...not you. Let him pay.

 

[delvryboy 5,000+ posts]

I wouldn't bother. Walk away and don't look back. There is honestly not much they can do.

 

[jco1385 5,000+ posts]

get a lawyer ASAP!!! stand by your story and you should be fine. explain it was none of your responsibility for the vehicle in question and what about video evidence? drop all the dimes you can on this place if they wanna play this shit.

 

[Twistid 5,000+ posts]

what are they gonna do, its your word against theres?

 

[ngsm13 5,000+ posts]

Thanks.

Keep it coming.

I was also NEVER put on payroll, some have said to walk away. They have no financial evidence I was actually an employee.

nG

 

[delvryboy 5,000+ posts]

I think it would be best to not jump the gun. You have your tools, and I would imagine that you can prove they are yours. There really isn't much they can do to you. Worse case is they fabricate something, however, I'm sure any half-witted cop will see right through it.

 

[tEh koRnDog 5,000+ posts]

Thanks.
Keep it coming.

I was also NEVER put on payroll, some have said to walk away. They have no financial evidence I was actually an employee.

nG

tis is true. They can't prove you were an employee.

Not much they can do. I would just walk away. And if you feel like causing trouble, just make a few phone calls to certain places as stated above.

 

[ngsm13 5,000+ posts]

Well, I am going to call my mother's cousin... who is a cop and has been for many years.

I personally think I should file a police report before he does, but I technically don't know what to say!!!?!??!?!

nG

 

[CrazedCat 10+ year member]

Threaten right back to call the local township building inspectors and board of health. Also them hiring you under the table is illegal.

 

[Randy Savage 5,000+ posts]

Well, I am going to call my mother's cousin... who is a cop and has been for many years.
I personally think I should file a police report before he does, but I technically don't know what to say!!!?!??!?!

nG

Say he protruded your anus with a monkey wrench.

 

[ngsm13 5,000+ posts]

I also have his voicemail, recorded with him stating what he was going to do... and how he was going to fabricate the story to file the police report!

nG

 

[slick rick 10+ year member]

you have no duty of care to that car...do not worry about it. let them contact their lawyer and file false police reports. the owner of the shop is liable in this situation.

 

[slick rick 10+ year member]

I also have his voicemail, recorded with him stating what he was going to do... and how he was going to fabricate the story to file the police report!
nG

keep that, record it, do not lose it.

 

[Twistid 5,000+ posts]

the fact he payed you under the table means he payed no taxes and he ****ed the IRS... would he really open up that can of worms over $250?

and $250 is pennies to a somewhat successfull buisness?

dont do anything, if he calls you again, tell him to stop harassing you or else you will file a restraining order (a bluff obviously)

whats he going to do ?

"umm officer, this guy, who worked here, while he was working on a car it was broken into and items stolen, so i inturn stole his property until he could pay us the difference of what was stolen out of said vehicle, he then took his equipment that we had taken from him and left... but i dont actually have proof that he worked here, but i have other employees that can attest to him working here even though i never filled out propery tax forums or anything of that sort...can you please do something"

"ya sure, can you put your hands behind your back please"