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jessica31876
01-01-2009, 05:07 AM
I have debated about posting this or not mostly because I dont want to let it really get me down but it is and I just kinda need to vent a little. I posted it on my blog but it is a little more graphic there then what id say here because while Im upset about it Im also really ticked off. Here goes though...

My husband and I had an accident last month. I posted about that. Well his doctor took him out of work for like two weeks. His boss at the time was being a real jerk about it and eventually told him he could only come back to work if he signed papers stating that if he got hurt on his property no matter what happened even if his boss was completely liable my husband would not hold him liable at all. Obviously he could not do this because while he would not hold him liable for his current injuries if he hurt himself some other way he couldn't say it would be ok. He does bodywork and cuts and grinds and welds all day as well as works with sharp metal. Body techs get hurt all the time. So anyhow needless to say he lost that job because he would not sign the paper.

It was not a big deal because he had gotten a call from his old job saying they would really like him to come back because they needed someone that they knew could do really good work. This job though was bad because the boss there does not like my husband and was always on his case for everything. He'd say rude things to him and looked for things to complain about with my husband. He needed a job though so he agreed to come back. He was told after coming back that he really was only working there as a favor to his mom and dad. That was not true but I think that was his bosses way of justifying that he in fact needed my husband to work there because he actually does do good work despite the fact that they do not get along.

My husband told them at the time of him being hired about the accident and that he would be needing to take off of work but that it would not interfere with getting his work done. Since he does not work by the hour but rather the piece it should not be a big deal in my opinion. He would only leave about an hour early from work anyhow and he would make it up by working on the weekend or through lunch. OK so that was one of the problems his boss had AFTER he started working there. Never mentioned it would be a problem before he started though.

Second thing is my husband got a car on the 18th of December and it was due to be done on or before the 24th. It was supposed to be just a simple bumper job. Turned into a large job and so he had to write up a supplement. With this supplement he got an extension til the 30th. He completed the job on the 29th and it left on the 29th. So he thought everything was ok. Well he was totally wrong.

He was running late on the 30th and called to let his boss know he had a really bad headache and had not slept well the night before but that he would be there no later then 8:45. He is supposed to be there by 8:00. Of course its ok for other guys there to show up at 9 or 10 or even 11:00. But whatever that is not my husband I guess. So when he called his boss told him to come to his office when he gets there. My husband kinda knew where this was going so he told me he would probably be fired that day. I kinda had that feeling too.

So anyhow he goes into work and like he told his boss got there around 8:40ish. Maybe even a little earlier. His boss tells him to sit down and says he is terminating him. My husband says to him "Can I ask why?" His boss says because of the late car (the one that had the extension on to the 30th). Technically it would be late if it did not have the extension but because of holidays and the shop being closed and getting parts late he could not help that. So my husband tried to defend himself and say but I had a supplement and it had an extended due date. His boss says he doesnt care that he is going by the original due date. So he says fine. So then his boss says that my husband also lied to the assistant manager about when he got the parts on that vehicle. My husband told him he got them on Decmber 23rd and some came in on December 24th. The asst manager said no you said the 24th. So it was basically a he said she said kinda thing KWIM?

So anyhow he lost his job. That would not be a big deal because we dont have a huge amount of bills each month and we could make due til he finds another job because he has two paychecks due to him from this job only here is the part that has me so upset. His boss tells him that he is not getting his money because they had to pay for a rental for Thursday, Friday, Saturday, Sunday and Monday (Decmber 25th through the 29th). We cannot make him pay us and we had to pay to rent a trailer to go pick up his toolbox yesterday. Im not really sure what to do. We talked to a lawyer and they said that he cannot take that money from my husband legally but that it could take some time to actually get the money from them through court and that we would most likely have to go through legal aid to get it because all the lawyers we talked to wanted like 3000 dollars for a retainer.

I honestly believe that his boss only hired him back so he could fire him. My husband quit the last time and his boss was really angry about it. He does not like people to quit on him. If he hears about someone thinking about quitting he will just go ahead and fire them. My husband called and talked to him after he got home and told him he really needed his checks because we have three kids to support and with him already being out of work for awhile before he started there we dont have much money put aside. Its already been a really hard year on us financially because of how the economy is alot of people are not fixing their vehicles.

Im really trrying to stay positive and think that things will turn up. My husband has some jobs lined up already. Installing a glass for someone and doing some body work on some friends/family members cars but we dont know when that will actually start and in the meantime we have to still pay all our bills. It just doesnt seem fair and Im so angry at his boss I want to scream. I just think he is a callous, selfish cold-hearted person. I plan on calling and speaking to his boss on Friday when they are all back to work or at the latest on Monday and explaining this to him. I cannot believe that they actually think this is legal/acceptable practices. This company is a multi-million dollar corporation. The owners own several dealerships not just in the US but in China too. You know it just doesnt seem fair that my husband worked his butt off for nearly three weeks and he is not going to get a single cent for all that work.

Well anyhow sorry for the long-winded post. I am really upset like I said and really just needed to vent.

Nonna2Dreja
01-01-2009, 06:15 AM
Jessica, I really don't know what to say except for--tell your husband to fight this "arse-whole" boss for unemployment benefts! I do believe he did only hire your husband back only to be able to have the sick pleasure of firing him (since you mentioned your husband quit working there the first time)....I do NOT blame your husband for NOT signing those papers claiming he would not hold his Boss/Company liable should he be injured on this job....No one that I know of would ever sign something like that....

Big HUGS,
Sheila

Laura_A
01-01-2009, 07:55 AM
WOW, this guy sounds like a real jerk... and the old boss too! Jeeze! I know it might not be in your hubby's personality, but he needs to FIGHT this jerk. Rental cars are part of the price of doing business for places like that and NO boss is allowed to take it out of the employee's pocket. When my DH was plumbing (he did new construction custom homes.. millions of dollar houses) one of his fittings burst after the family had moved in and the leak destroyed a $25,000 plasma TV. Can you imagine if his boss had tried to take that money our of DH's pocket. YIKES!

Hopefully your DH has proof that he filed the suplement cuz he's going to need it. But, I have a feeling that this slime ball boss is going to pay you guys the minute your DH tells him he has a lawyer to fight it.

Good luck sweetie and try to stay positive.

emilyscout
01-01-2009, 09:22 AM
Gosh that is so frustrating and awful. Can you go above the boss to his boss?

pbumbaca
01-01-2009, 10:06 AM
Jessica I'm so sorry this happened to you all.

Can you possibly take them to small claims court? You don't need a lawyer and you can sue for up to $7500. If may get them to just pay because they won't want to go to court. Also, tell them you are going to call or write to your local paper, they may love to print a story like that and give them some bad publicity, bet the boss won't want that.

Good luck!

schock77
01-01-2009, 11:21 AM
No advice other than hang in there... sending hugs your way!

my3hens
01-01-2009, 11:34 AM
I wish I had something to add but I am so so sorry that you have to deal with that and you and your husband are being put through the ringer by such an awful person :( Someone needs to kick that man where the sun don't shine. I hope that you get payed every last cent. I do believe in karma, so I know that he will get whats coming to him in the end love. Big hugs!

Julie Billingsley
01-01-2009, 12:29 PM
oh that is just HORRIBLE! :( Just a thought, how about contacting your state's Bureau of Labor and Industries? This seems just like the kind of thing they deal with. I had to go through my state's Bureau of Labor and Industries when an employer held my last check for 6 weeks when I quit a job. They just might be able to help! ((hugs))

ditzyscrap
01-01-2009, 12:38 PM
(((hugs)))

Kat Stokes
01-01-2009, 12:54 PM
I would definitely contact your State Labor Bureau regarding BOTH employers!!!!! This is not right at all and you will probably end up with a nice chunk of money after all is said and done. I know that doesn't help now but you cannot let these people get away with these types of actions!!!!

Paula
01-01-2009, 01:07 PM
I would contact the state labor bureau as well. If you don't get any answers from them, I'd pursue it through small claims court because you don't need a lawyer for that and the filing is pretty inexpensive.

lovely1m
01-01-2009, 02:30 PM
I hope you are able to get it figured out and that you can actually get the money owed to him without spending money.

jessica31876
01-01-2009, 02:41 PM
thanks everyone. I really hope so too. I told him this was going to happen when he went back there. My exact words were I think he is going to rehire you just so he can fire you. See this place that he was working has an exit interveiw and when he quit there the first time on the exit interveiw his asst manager who likes my husband put that he was eligible for rehire and put all positive stuff about him. I think the manager wanted to change the eligible for rehire to not eligible. He is a total jerk but I just dont understand the pleasure he takes from doing something like this.

Nonnie917
01-01-2009, 03:06 PM
Okay, this makes me mad! Go to the Department of Labor & Industries and report this man and his company for employee abuse and not getting his final paycheck. L&I is suppose to fight for people like your husband. Then after you get your money, file a complaint against the man and the company with the Attorney General and the Better Business Beaure. Bet he thinks twice after he gets through all the legal mess he'll be in before he does that to anyone else. We may be the working class, but we do have RIGHTS and if we don't fight for them who will? Don't let L&I try to give you any BULL either, their job is to collect money owed to a worker and investigate any complaints filed. Good luck and I hope everything works out for you. Oh and do the same thing with the boss from the first co. He cannot legally force any employee to sign a paper releasing job liability. I hope they get into big trouble with the State Attorney General.

jessica31876
01-01-2009, 03:20 PM
I really should write that letter. This man has not just done this to my husband he does it to all his employees. If a car has to be repainted BOOM the painter has that deducted. If a part is damaged even if it is not because of negligence that is deducted. If a car is late and they have to pay rental fees that is deducted. They even deduct 25 dollars if you park in the wrong spot more then once. So the first time you are warned second time you are "fined" 25 dollars!! OHHHH and the best part they make you sign a non-disclosure contract when you start there stating that you cannot talk about what happens inside the shop to anyone and if you do they will sue you.

rach3975
01-01-2009, 03:54 PM
Sounds like your husband has had some real winning bosses lately. Fight them for your money and illegal practices, and I hope his next job he has a much better boss.