What is the name of your state? California
I was terminated from my position in November 2002, although I was owed unpaid commissions/wages, I never recieved any funds from my former employer post termination. I was sent a letter from my former employer after sixteen days had past with a sum of $11500 as their conceeded amount due. This sum was $55000 short of what was owed. I replied with a demand letter within the day pointing out the specific mathamatical error etc... A few days later a call from my former supervisor with a condition of a claim release be signed or no money. Off to the Labor Board I go...
A favorable judgment and award was issued along with an admonishment re: nonpayment of conceeded wages and the direction to pay those funds immediatly.
Fmr Employer files appeal (de novo as his right) and posts appeal bond.
After standard delays etc, trial date, no-show by fmr employer, summary judgement not granted, but after 3 more visits (no-show in each case) court awards about 3x the 1st award (whoopie, now my attny and I both are owed, yet I still net less than originally due me after atty fee etc.) so, the question and other shoe follow:
week post de novo award, fmr employer (a corporation) files ch7. Fmr employer corp is alter ego of owner and piercing vail with shared monies, and assets is a simple case. Owner of company was doing just fine with my commissions in his pocket, continued wages to other employees, started a new company and even sponsors a race team, while I am nearing financial meltdown.
Without any basis other than he gets richer, no wages due have been paid.
A demand of conditional release for wages due.
Conceeded wages never paid.
He closes his company while his new battles forward without a care. Bankrupting a shell of a company, and creates a near bankrupt shell of a man without any impact to himself.
341a hearing is this month (26th) and if there is any way I can stick it to him I would like to. I have a claim on the appeal bond (with no assist from my attny how to get remains a Q) but the deep pocket with my money in it is shielded by a law allowing a contemptious 2 year theft of funds.
so, am I just another victim of the system, or is justice still available ?
I so wish I wasn't a good guy, cuz this comming in last stinks. One lesson learned : success in business is directly proportional to the willingness to screw others.
I was terminated from my position in November 2002, although I was owed unpaid commissions/wages, I never recieved any funds from my former employer post termination. I was sent a letter from my former employer after sixteen days had past with a sum of $11500 as their conceeded amount due. This sum was $55000 short of what was owed. I replied with a demand letter within the day pointing out the specific mathamatical error etc... A few days later a call from my former supervisor with a condition of a claim release be signed or no money. Off to the Labor Board I go...
A favorable judgment and award was issued along with an admonishment re: nonpayment of conceeded wages and the direction to pay those funds immediatly.
Fmr Employer files appeal (de novo as his right) and posts appeal bond.
After standard delays etc, trial date, no-show by fmr employer, summary judgement not granted, but after 3 more visits (no-show in each case) court awards about 3x the 1st award (whoopie, now my attny and I both are owed, yet I still net less than originally due me after atty fee etc.) so, the question and other shoe follow:
week post de novo award, fmr employer (a corporation) files ch7. Fmr employer corp is alter ego of owner and piercing vail with shared monies, and assets is a simple case. Owner of company was doing just fine with my commissions in his pocket, continued wages to other employees, started a new company and even sponsors a race team, while I am nearing financial meltdown.
Without any basis other than he gets richer, no wages due have been paid.
A demand of conditional release for wages due.
Conceeded wages never paid.
He closes his company while his new battles forward without a care. Bankrupting a shell of a company, and creates a near bankrupt shell of a man without any impact to himself.
341a hearing is this month (26th) and if there is any way I can stick it to him I would like to. I have a claim on the appeal bond (with no assist from my attny how to get remains a Q) but the deep pocket with my money in it is shielded by a law allowing a contemptious 2 year theft of funds.
so, am I just another victim of the system, or is justice still available ?
I so wish I wasn't a good guy, cuz this comming in last stinks. One lesson learned : success in business is directly proportional to the willingness to screw others.