The Tempest Online™

~ Sic gorgiamus allos subjectatos nunc. ~

Preparing For Battle

Posted by Daniel on August 20, 2009

The day of my first court confrontation with the ex-boss is just around the corner (next Tuesday, to be exact) and I still have no clue how it’s going to turn out.

This one is at the offices of the Labor Commission and we are arguing our case for the 654 hours of overtime I worked that the ex-boss still refuses to pay.  Now I hear from them (Labor Office) that the ex-boss told them he will not be there for the arbitration.  Usually both parties are supposed to be present to make their case in front of their panel (or whatever it is).  When he told them he wasn’t going to be there, they told him that if he isn’t there, then he has to choose to settle the case (because they only have 30 days to settle the claim).

Here is what he’s looking at:

  • 32 unpaid Saturday’s – total of 192 hours.
  • 462 unpaid hours that were worked after office hours.
  • 8 months of overcharged rent he overcharged by $300 per month)

That last one I wasn’t even aware of.  The guy from the Labor Board told me about this when he called to tell me that ex-boss wasn’t going to be there.  Apparently if you aren’t “Exempt” and are an “On-Site Manager” in California, the owner can’t charge more than 2/3 of the monthly rent on the unit you live in.

The total that the ex-boss owes me (according to the Labor Board) is $14, 148.18.  They asked me what I would be willing to settle for and Seth and I agreed to settle for the 192 Saturday hours and the overpaid rent amount.  So the settlement we came to (just to get the asshole to pay) came to $5,527.20.  The Labor Board has sent him a letter telling him that either he comes in or has to at LEAST provide a check for the settlement.

I guess my issue is that I know this man.  His “saying” that he won’t be there on the 25th tells me there is something to worry about.  He doesn’t say or do ANYTHING without some sort of ulterior motive.  And if there is anything he hates more than being proven wrong, it’s paying one red cent for his financial mistakes.  Hell, every payday was an agony for his employees because when he’d actually give them their paychecks, he’d cuss them out saying they were ripping him off and did nothing to deserve being paid.  He even told me once that if I were truly a loyal employee, I’d sign my check back over to him because he needed the money more than I did.  This is why he would wait one to two weeks AFTER payday to actually give us our checks.

I know that I have a good case against him (all documented, of course) but I can’t help being a little nervous.  This man has proven time and time again that there is nothing he won’t stop at to lie his way out of all the sticky situations he gets himself into.

Oh, and I just looked at my calendar and it seems the day before the Labor Board thing (Tuesday), I have to go to the Unemployment office because he’s challenging my right to claim unemployment on the grounds that I left on my own.  My argument is that after he and his bookkeeper called me a “FAG”, after all the times he cussed me out and called me names, after all the times he’s call tenants the “N” word, after all the times he’d start fights with tenants in the office (to the point of violence) he’d run out of the office so that I would have to deal with it (very scary), after NEVER having been paid on time EVER (not to mention the above unpaid overtime)…I felt COMPELLED to leave.  Especially in the last month, I felt that I was going to be hurt by one or more of the tenants he’d fought with.

Now I don’t know whether or not that’s actually reason enough for Unemployment, but I can NEVER be convinced that I made the wrong decision.  Ever.  Seriously, who in their right mind would CHOOSE to be unemployed these days unless they felt their work environment was unsafe and their boss was TRULY unstable???

Okay, so now it’s late at night and I’m still getting all my documents organized.  There is so much (I’ve even got copies of paychecks showing when and how late they were given) and since neither appearance (Monday or Tuesday) tells me what papers (if any) I need to bring with me.  So I want to have all of it there each day…just in case.

This coming week is really going to be stressful.  Not because of the cases, because I am ready for those come what may.  I just hate being in the same room as that philandering, stealing, lying, greedy, law-breaking evil man.

Well, think happy thoughts for us.

My next update will be Monday after the Unemployment hearing.

Have a great weekend, all.

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