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Can Employer Fraudulent Misrepresentation be Included in Employment Law Case

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Dear All

My friend plaintiff in the case won a Department of Labor Case in 2015 against Defendant and Owner of company in IL. The Final Decision and ORDER issued by Admin Review Board on name of the company .

So, It tooks another five years for plaintiff to make the Defendant personally liable .The plaintiff had to approach circuit court and Hon Judge of circuit court is yet to give an order making Defendant personally liable .

Before it happened , inorder to escape from the liability ,Defendant misrepresenting facts about his business and career before Hon Judge /Court. Can I register another complaint with all evidences ? What is the right forum ?
Please advise
 


Just Blue

Senior Member
Dear All

My friend plaintiff in the case won a Department of Labor Case in 2015 against Defendant and Owner of company in IL. The Final Decision and ORDER issued by Admin Review Board on name of the company .

So, It tooks another five years for plaintiff to make the Defendant personally liable .The plaintiff had to approach circuit court and Hon Judge of circuit court is yet to give an order making Defendant personally liable .

Before it happened , inorder to escape from the liability ,Defendant misrepresenting facts about his business and career before Hon Judge /Court. Can I register another complaint with all evidences ? What is the right forum ?
Please advise
To be clear, are you asking if YOU, yourself, can make a complaint on behalf of your friend?
 

adjusterjack

Senior Member
Just saw the same question down the street. If somebody won a case back in 2015 and hasn't seen any money yet, it's likely that somebody screwed up and there isn't going to be any no mater who complains to what.
 

quincy

Senior Member
Dear All

My friend plaintiff in the case won a Department of Labor Case in 2015 against Defendant and Owner of company in IL. The Final Decision and ORDER issued by Admin Review Board on name of the company .

So, It tooks another five years for plaintiff to make the Defendant personally liable .The plaintiff had to approach circuit court and Hon Judge of circuit court is yet to give an order making Defendant personally liable .

Before it happened , inorder to escape from the liability ,Defendant misrepresenting facts about his business and career before Hon Judge /Court. Can I register another complaint with all evidences ? What is the right forum ?
Please advise
Your post is confusing. Wasn’t the defendant already held liable in 2015?

Why is this a concern of yours?
 
Just saw the same question down the street. If somebody won a case back in 2015 and hasn't seen any money yet, it's likely that somebody screwed up and there isn't going to be any no mater who complains to what.
Sir

agree with you there is a significant delay .It is a Department of Labor complaint filed in year 2006 , Illinois state .Final Decision and ORDER issued in Feb 2015 .The order issued on the company name ,Defendant was the only officer of that company .Plaintiff approached for ORDER enforcement in circuit court of will county in 2016 .Hon judge struck all the motions passed by Defendant to dismiss the case on various grounds inlcuding misrepresentation and or fraudulent representation .Same time Hon Judge struck plaintiff motion for summary judgement too.At this point of time Plaintiff doesnot want to add any further complaint to this existing situation and hence wants to bring to the notice of the court about the issue of Defendant fraudulent misrepresentation .Plaintiff concern is that bringing the matter before existing Hon Judge or case would add further delays

Please advise
 
Sir

agree with you there is a significant delay .It is a Department of Labor complaint filed in year 2006 , Illinois state .Final Decision and ORDER issued in Feb 2015 .The order issued on the company name ,Defendant was the only officer of that company .Plaintiff approached for ORDER enforcement in circuit court of will county in 2016 .Hon judge struck all the motions passed by Defendant to dismiss the case on various grounds inlcuding misrepresentation and or fraudulent representation .Same time Hon Judge struck plaintiff motion for summary judgement too.At this point of time Plaintiff doesnot want to add any further complaint to this existing situation and hence wants to bring to the notice of the court about the issue of Defendant fraudulent misrepresentation .Plaintiff concern is that bringing the matter before existing Hon Judge or case would add further delays

Please advise
Just to add a point , since 2015 ,plaintiff attempted in making the Defendant personally liable . Now the casenumber in the circuit court is on the Defendant name and not on the company which Defendant closed in year 2011 probably anticipating an adverse outcome of the 2006complaint filed by Plaintiff .
 

quincy

Senior Member
Who are you in all of this?

There is an order in place but the defendant is not complying? Did the plaintiff file a contempt of court petition?
 
Your post is confusing. Wasn’t the defendant already held liable in 2015?

Why is this a concern of yours?
The final decision and order was issued by Admin Review Board ,Department of Labor in Feb 2015 .It was issued on the name of the company where the plaintiff worked .Defendant didnot agree to pay in 2015 ,infact he never responded .So plaintiff approached circuit court for enforcement.It took time until now to bring Defendant personally liable .Defendant motions to dismiss the case ,all of them were struck by Hon Judge and same time plaintiff motion for summary judgement was struck too . During the process of mitions, Defendant misrepresented facts ,so plaintiff wants to bring the matter to the notice of the Hon Judge . But also concern is if it adds up to further delay to this existing situation .Please advsie
 
Who are you in all of this?

There is an order in place but the defendant is not complying? Did the plaintiff file a contempt of court petition?
True.Final Decision and Order issued by Admin Review Board on the Defendant company .But Defendant not agreeing to pay and says the closed his company .He did it in the year 2011, Final ORDER issued in Feb 2015 ,complaint filed in year 2006 .Iam an associate to plaintiff
Who are you in all of this? The plaintiff?
Iam associate to plaintiff
 

quincy

Senior Member
True.Final Decision and Order issued by Admin Review Board on the Defendant company .But Defendant not agreeing to pay and says the closed his company .He did it in the year 2011, Final ORDER issued in Feb 2015 ,complaint filed in year 2006 .Iam an associate to plaintiff

Iam associate to plaintiff
The defendant is refusing to pay because the claim was filed against his company and his company has since been dissolved?

How much money is involved?

Does the plaintiff have an attorney or has the plaintiff consulted with an attorney?

I guess I am still not understanding the situation. If the plaintiff is looking to file a new legal action 14 years after the event that led to the original complaint, however, the plaintiff is likely to run up against a statute of limitations that bars a claim.
 
To be clear, are you asking if YOU, yourself, can make a complaint on behalf of your friend?
To be clear, are you asking if YOU, yourself, can make a complaint on behalf of your friend?
Sir
Admin Review Board issued a Final ORDER in 2015 on the name of the company the Defendant owns 100 pc.The Defendant closed this company in year 2011 even before the order issued .In year 2015 when plaintiff approached Defendant for judgement money ,Defendant said he closed the company . Plaintiff approached circuit court further and case number issued in year 2016 on the name of the Defendant The outcome of this case further awaited .From 2016 , Defendant passed many motions to dismiss the case on various grounds and all of them were struck .Same time Plaintiff motion for summary judgement was denied too . The outcome surely will be in favor of plaintiff and anticipating order new one on the Defendant name . Due proce
The defendant is refusing to pay because the claim was filed against his company and his company has since been dissolved?

How much money is involved?

Does the plaintiff have an attorney or has the plaintiff consulted with an attorney?

I guess I am still not understanding the situation. If the plaintiff is looking to file a new legal action 14 years after the event that led to the original complaint, however, the plaintiff is likely to run up against a statute of limitations that bars a claim.
135 k plus prejudgement and post judgement interest rates as applicable in Admin Review Board Final Decision and ORDER issued (2015). Total amoutn as on today is appx 650 k .In 2015 and 2016 Plaintiff approached Defendant for judgement money but he denied payment.2016 Plaintiff engaged counsel.Counsel told Plantiff that the issue can be directly appealed before supreme court for enforcement but the chances of succeeding are less because the company was non functional by then and hence it was essential to approach circuit court to ensure Defendant made personally liable .
So is the case in circuit court .There have been several instances when Defendant making fraudulent representations or providing falisfied informations to court in order to escape the payment . Plaintiff concern is if this issued is raised as part of this existing case it would add up tp further delays.Please advise .
 
Case
Sir
Admin Review Board issued a Final ORDER in 2015 on the name of the company the Defendant owns 100 pc.The Defendant closed this company in year 2011 even before the order issued .In year 2015 when plaintiff approached Defendant for judgement money ,Defendant said he closed the company . Plaintiff approached circuit court further and case number issued in year 2016 on the name of the Defendant The outcome of this case further awaited .From 2016 , Defendant passed many motions to dismiss the case on various grounds and all of them were struck .Same time Plaintiff motion for summary judgement was denied too . The outcome surely will be in favor of plaintiff and anticipating order new one on the Defendant name . Due proce


135 k plus prejudgement and post judgement interest rates as applicable in Admin Review Board Final Decision and ORDER issued (2015). Total amoutn as on today is appx 650 k .In 2015 and 2016 Plaintiff approached Defendant for judgement money but he denied payment.2016 Plaintiff engaged counsel.Counsel told Plantiff that the issue can be directly appealed before supreme court for enforcement but the chances of succeeding are less because the company was non functional by then and hence it was essential to approach circuit court to ensure Defendant made personally liable .
So is the case in circuit court .There have been several instances when Defendant making fraudulent representations or providing falisfied informations to court in order to escape the payment . Plaintiff concern is if this issued is raised as part of this existing case it would add up tp further delays.Please advise .
From 2006 plaintiff didnot engage counsel. It was pro se. After decision issued in 2015 , plaintiff had to engage counsel becuase his primary place of residence was India and it was essential for him to engage counsel because Defendant was denying to pay .
 

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