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Does this employee need a lawyer?
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Does this employee need a lawyer?
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Our company has 10 employees and the owner passed away a few months ago along with his unwritten promises to his employees. 2 of the employees are a married couple and the new owner dispises couples i
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Forums » Topic Forums » Legal Forum » Does this employee need a lawyer?
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Does this employee need a lawyer?
posted at 11/8/2011 10:47 PM EST
on Workforce Management
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Posts: 3
First: 11/8/2011 Last: 11/13/2011 |
Our company has 10 employees and the owner passed away a few months ago along with his unwritten promises to his employees. 2 of the employees are a married couple and the new owner dispises couples in the company. The female of the couple purchased a computer for her office with her personal money for the company and was to be paid in payments when the company had funds. She never got paid. The male of the couple wanted to buy a product the company manufactures and was allowed the product for a fraction of the price. The male took the deal and agreed to pay $180. The company is now in probate and the female asked about her money for the computer ($740) The new owner did not know anything about the computer and was very upset about the situation. The new owner did not want to pay the female and the end result the male got terminated because his production was low and a bad attitude. Now as I look back at production for the time the terminated employee was here the production manager was putting whatever he thought and the production was actually being produced. For instance a product was put in process and the employee had already delivered it and the production manager wrote N for not produced. Another thing the owner and production manager made the employee sign a resignation or he would not be able to receive unemployement benefits. |
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Re: Does this employee need a lawyer?
posted at 11/9/2011 9:38 AM EST
on Workforce Management
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Posts: 35
First: 11/7/2011 Last: 10/30/2012 |
In Response to Does this employee need a lawyer?: Who are you in this scenario? You imply that you work for this company yet you seem to be taking the employees' (former and current) side against your employer. Do you realize you can be legally fired for doing this? If either of the two employees need legal answers, they shouldn't be asking you. I recommend they (not you) post their questions on a site like www.freeadvice.com or www.expertlaw.com. |
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Re: Does this employee need a lawyer?
posted at 11/9/2011 11:57 AM EST
on Workforce Management
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Posts: 127
First: 9/21/2011 Last: 11/12/2012 |
With nothing in writing and with the male production manager not doing his job accurately (even if he truly did the work, he didn't document it correctly), I don't see where either have any type of case. At most, the wife might try to take the new owner to small claims court once the estate is settled. And usually you don't need a lawyer to do so. As to whether he was fired or resigned, he can explain his position when he files for unemployment. Only the UI judge will say for sure whether or not he gets benefits. The new owner/company can appeal, but they then usually have the burden of proof. Unfortuantely, he might have handed it to them directly by documenting incorrectly. But it is also going to depend on the state. It always amazes me how many people make deals without anything written down...even a simple followup email woulld be documentation on the computer deal. And it is my understanding that an "anti-nepotism" policy -- not hiring relatives which includes a spouse is common and legal in most states. I had some friends who met at work and married and one of them had to voluntarily give up their position due to the nepotism policy. |
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Re: Does this employee need a lawyer?
posted at 11/13/2011 11:48 PM EST
on Workforce Management
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Posts: 3
First: 11/8/2011 Last: 11/13/2011 |
In Response to Re: Does this employee need a lawyer?: With nothing in writing and with the male production manager not doing his job accurately (even if he truly did the work, he didn't document it correctly), I don't see where either have any type of case. At most, the wife might try to take the new owner to small claims court once the estate is settled. And usually you don't need a lawyer to do so. As to whether he was fired or resigned, he can explain his position when he files for unemployment. Only the UI judge will say for sure whether or not he gets benefits. The new owner/company can appeal, but they then usually have the burden of proof. Unfortuantely, he might have handed it to them directly by documenting incorrectly. But it is also going to depend on the state. It always amazes me how many people make deals without anything written down...even a simple followup email woulld be documentation on the computer deal. And it is my understanding that an "anti-nepotism" policy -- not hiring relatives which includes a spouse is common and legal in most states. I had some friends who met at work and married and one of them had to voluntarily give up their position due to the nepotism policy. Posted by rrupert Thank you for the reply. In a small business it's hard not to have a heart for people that work there. |
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Re: Does this employee need a lawyer?
posted at 11/13/2011 11:50 PM EST
on Workforce Management
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Posts: 3
First: 11/8/2011 Last: 11/13/2011 |
In Response to Re: Does this employee need a lawyer?: I see a lot of he said she said and no documentation. If it isn't in writing it didn't happen. Posted by HRPro Thank you for the reply. I agree with you. |
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