I Want My Pay!
Michael is suing for $1500.00. This is for pay he earned as a general manager of a new restaurant and lounge. He is also suing for pain and suffering. Omera is the operations manager of the establishment. She represents the owner in court. Omera is the person who had the most contact with Michael at the restaurant. At first, Michael was hired as a bartender. He went through a paid orientation for three days. Michael explains that the restaurant had not even opened. He received a call and was asked if he wanted to be the general manager instead of the bartender. Michael agreed because he was being offered $15.00 an hour. Michael worked 43 hours at regular time and 17.75 hours of overtime. During a meeting before the restaurant opened, they were discussing payroll. It was during this meeting that Michael found out he would be making $8.50 an hour, not $15.00. Michael and Omera disagreed, Michael walked out. He explains in court that he would not take the position for only pennies more than he was making as a bartender. Up to this point, Michael had not received any pay. He texted Omera that he was coming to get his check. She responded that the check was being sent certifed mail for legal reasons. Michael did not receive the check and he continued for 2 weeks to ask for his money. Finally, Omera has his check ready and Michael goes to the restaurant to pick it up. It was only for 40 hours, not the hours he worked. He refused to sign for it and did not take the check. Omera explains that the receipt she has with his hours is not consistent with what he is asking for. She also explains that the receipt does not make sense. This receipt is printed out from the register when Michael would clock in and clock out. Omera also explains that Michael was not making $15.00 an hour. She said that she gave him the promotion and he was supposed to make $8.25 an hour. He was hired at $7.25 and was increased to $8.25. Omera says, she knows this, because she gave him the promotion and the raise. Also, why would Michael make more money than she does. Omera says that she does not even make $15.00 an hour. Omera keeps staring at Michael when he insists on the amount of money he was supposed to get. At first the Judge laughs, since it is very comical. Omera is putting on quite a show. Everyone in the gallery is laughing. Then, it gets serious, because Omera will not stop. The courtroom is not the place for this type of behavior. It gets so bad, the Judge tells Omera if she does not stop, she will be thrown out. Finally, Omera stops staring at Michael and the courtroom calms down. Michael does not have any proof that he was supposed to receive $15.00 an hour. Also, he cannot receive pain and suffering. The Judge rules that Michael is to receive $500 in wages. When they leave the courtroom, Omera takes the opportunity to trash Michael. She says that no one should hire him, he is not worth $2.00 an hour. Michael says he would not take the position for that pay. This would be the perfect situation to have something in writing. Especially when you are receiving a promotion that doubles your pay. We all have to remember to protect ourselves by having everything in writing. Even a confirming e-mail would be great back-up. What do you think?
I Could Have Been Killed!
Elizabeth is suing for $1117.00. This is for the parts, labor and a new tire. Elizabeth explains she was driving, felt something funny and pulled into the nearest gas station. She had a flat tire and called her roadside assistance service. Tony was dispatched to change the tire. Tony works for Alan, the owner of a franchise called Pop-A-Lock. Elizabeth explains that it took a very long time for Tony to change the tire. She then drove directly to a Goodyear shop and was surprised by what they found. The manager told her she was lucky to be alive. When the car was put up on the lift, they found that the lug nuts were smashed. Elizabeth has the lug nuts with her as evidence. Elizabeth also has a notarized statement from the manager at Goodyear. Elizabeth is very prepared for court. Now what does Tony have to say? He says when he arrived, Elizabeth's son was already trying to change the tire and having trouble. He said the tire was so shredded, she must have drove on it for awhile before she stopped. He jacked up the car properly, put on the spare donut and Elizabeth drove away. When the Judge shows Alan and Tony the damaged lug nuts, they say that Elizabeth's son must have caused the damage. If that is true, why would Tony use them for the spare donut? Alan explains that they change 3,000-4,000 tires a year and never have a problem. The equipment they use would never do that type of damage. The way Tony put on the tire caused a condition that was very dangerous. In the statement that Elizabeth has from Goodyear, the manager states that the right rear well was not properly mounted onto the vehicle. The lug nuts were mushroomed and damaged the studs. The manager determined that the improper mounting of the tire caused the damage. Alan is still maintaining that he has no idea what would cause the damage and continues to say that it was because Elizabeth continued to drive on a flat tire. I would think Tony would have noticed the damage to the lug nuts and he would not be able to use them to put on the spare donut. Elizabeth has proven her case with the evidence she has brought to court. She does get $742.00 which does not include the cost of the new tire. Elizabeth explains she included that cost of the new tire because they aggravated her! Court does not compensate you for aggravation! In the hallway, Alan and Tony are still talking about the amount of tires they change every year. Elizabeth is happy with the decision and says she had no idea the tire was going to fall off. Elizabeth is very fortunate that she went directly to Goodyear, otherwise the outcome would have been very different. I wonder what really happened when Tony changed the tire. How could he not know something was wrong. We can only speculate. What do you think?
Hurricane Irene Damaged My Apartment!
Cerline is suing for $334.10. This is the cost of an entertainment center and a vase. These items were damaged by workers that came to her apartment to do repairs after Hurricane Irene. Cerline is suing Anthony, the owner of the realty company. Anthony is countersuing Cerline for $2600.00 in back rent. After Hurricane Irene, Cerline had damage to her apartment. The ceiling fell in and everything was soaked. Anthony sent 2 men to repair the ceiling, fix part of the floor and paint. They did most of the work and were supposed to return to finish. When they did not come back, Cerline told Anthony. She requested the men come on a specific day, since she did not want them there when she was away. Unfortunately, Anthony sent them to do the work when Cerline was not home. Cerline feels they entered her apartment without authorization. They damaged the entertainment center and broke a vase when they were working. Cerline is suing Anthony, since he is the one who sent them. The Judge rules that Cerline does not get any money on her lawsuit. She would need to sue the men that actually did the damage. Anthony is not responsible to pay for the damage done by the workers. Now, Anthony has a counterclaim. He says that Cerline owes him for 2 months rent. Cerline decided to move out, so she stopped paying rent. She lived there for an additional 2 months and then moved out. When Cerline moved in she gave Anthony $3900.00. According to Cerline, this covered the security deposit and the first and the last month's rent. Anthony said that it was the security deposit, first month's rent and a fee. What is this fee for? Anthony says it is because Cerline wanted to move in early. The lease does not reflect any of this information. Anthony cannot record the money one way, as rent and security deposit, and then distribute it another way. He did not tell Cerline she was paying him an additional fee. Cerline thought she was in the right, since a legal aid attorney told her she could live out her security deposit. The Judge tells her the legal aid attorney was wrong. That is not what the security deposit is meant for. Because she withheld rent, the Judge rules that Cerline needs to pay Anthony $1300.00, for one month's rent. When they leave the courtroom, Cerline reminds us that she will get her security deposit back. This case took a very interesting turn. Does Anthony always take a fee when he rents an apartment? Is this a common practice? Are the tenants aware they are paying towards a fee and not rent? So many questions and no answers. What do you think?
Please share your thoughts in the comments. Thank you for joining me today.
Fantasies are like sand castles. Fun to build, but you can't live in them.
-Ruth Ingrid
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