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Laid Off and now refuses to release final paycheck and fighting unemployment benefits

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KySalesExec

Junior Member
What is the name of your state?Kentucky. I was a sales executive for an office copier company. I was hired on Jan. 28, 2005. I was laid off on Nov. 18th this year without my final check which I was supposed to receive Nov. 17th. He told me to meet with him at 3:00 pm on the 18th following a meeting with a client in which he attended. He had been in Florida that week concerning a personal real estate deal that apparently went poorly. He did not return in time to sign the checks on that 17th. During the meeting at 3:00 pm he informed me he could no longer afford to keep me. I asked for my final paycheck and he said it would be mailed to me the following week. When I did not receive it I filed a claim with the Labor Board. He then informed the Labor Board to attend his attorney's office to sign a form and my final checks would be released. The form stated I could basically not work for any other companies selling any kind of office equipment. I had also filed a small claims suit and he wanted me to sign off on this. When I asked his attorneys secretary the amount of the checks they were not even close to the amounts that he owed me. I refused to sign the forms and walked out. Now he has fabricated a letter that he claims that he gave me back in Oct. stating that my job performance was less than required. In the letter it states that he had repeated told me that I was required to make 16 cold calls a day and submit 30,000 dollars of proposals a week. I NEVER received this letter?? When I was hired on Jan. he explained that I was to submit 30,000 dollars a month and call on at least 5-9 new customers average per day which I continued to do. He also would take over any major accounts that I managed and claim them as his own but did give me a very minimal finders fee. This did not compare to the 10% commmision that I was supposed to receive. His current employee in charge of maintenance said that he has done this to other sales executives in the past and they simply did nothing about it. Do I have any legal recourse??? I have not had any form of income since the first week of Nov. since we were paid twice a month. He was using stolen classified information from Xerox that he had acquired while serving as a sales agent for them for many years and switched to a new company last year. The only reason I can understand for him to be this excessive in refusing to settle up with my final paycheck is maybe his fear that I will approach Xerox? He was in a large court battle with them last year that traumatized his secretary from what she told me. They were unable to locate the files in his office or computer systems because he had relocated them to his attorneys office of which he is long time friends with. I performed my duties to the best of my abilities and his secretary said they had never had someone sell as well as I had. What can I do? Any advise would be greatly appreciated as I am a single mother of 2 and have suffered greatly with the holidays approaching and no money for my boys Christmas. I'm not trying to put on a pity trip but this has been a very terrible experience that I did not see coming at all. Please forgive any misspellings.
 


Beth3

Senior Member
He then informed the Labor Board to attend his attorney's office to sign a form and my final checks would be released. Huh? One doesn't direct the Labor Board to go somewhere and do something.

Do I have any legal recourse??? What has the Labor Board done regarding your complaint for your unpaid wages?

The only reason I can understand for him to be this excessive in refusing to settle up with my final paycheck is maybe his fear that I will approach Xerox? That doesn't sound likely as aggravating you would only make it more likely for you to tell Xerox what's been going on.

He was in a large court battle with them last year that traumatized his secretary from what she told me. They were unable to locate the files in his office or computer systems because he had relocated them to his attorneys office of which he is long time friends with. Which has nothing to do with your situation and Xerox's attorneys were free to subpoena any relevant documents even if they had been relocated to the attorney's office.

Pursue the claim with the Labor Board for your unpaid wages and continue to pursue your UC benefits with the State. If they initial determination denies benefits, file for a hearing.
 

KySalesExec

Junior Member
Beth3 said:
He then informed the Labor Board to attend his attorney's office to sign a form and my final checks would be released. Huh? One doesn't direct the Labor Board to go somewhere and do something.

REPLY: Sorry...What I meant was that he informed the Labor Board to have "me" pick up the final two checks but only would turn them over to me if I would sign a form dropping the small claims suit and another form that basically said I could not sell any office equipment for any company for the next two years.

Do I have any legal recourse??? What has the Labor Board done regarding your complaint for your unpaid wages?

REPLY: I have repeated spoke with the labor board and the person in charge of my case tells me she has difficulty in reaching this gentleman or his attorney. I have also had to send her documents regarding my case twice as she seems to be either disorganized or is handling too many cases at this time?

The only reason I can understand for him to be this excessive in refusing to settle up with my final paycheck is maybe his fear that I will approach Xerox? That doesn't sound likely as aggravating you would only make it more likely for you to tell Xerox what's been going on.

REPLY: I'm just trying to understand why and for what reason he has to be so difficult? I performed my duties and did them well. I guess he's just flexing his muscles? Trying to intimidate me.

He was in a large court battle with them last year that traumatized his secretary from what she told me. They were unable to locate the files in his office or computer systems because he had relocated them to his attorneys office of which he is long time friends with. Which has nothing to do with your situation and Xerox's attorneys were free to subpoena any relevant documents even if they had been relocated to the attorney's office.

REPLY: Yes. I am just explaining this man has no scruples at all. He lied to the customers we had and will not back down when he is sued because he has free representation from his friend.

Pursue the claim with the Labor Board for your unpaid wages and continue to pursue your UC benefits with the State. If they initial determination denies benefits, file for a hearing.
REPLY: I am calling them daily. Again she just explains that she cannot get him or his attorney to return a phone call. Should I possibly ask that my case be directed to a new case worker?
Thank you so much for your information and allowing me a chance to vent.
 
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Beth3

Senior Member
REPLY: I am calling them daily. Again she just explains that she cannot get him or his attorney to return a phone call. Should I possibly ask that my case be directed to a new case worker? No. What is a new caseworker going to do that this one isn't? Wait and see what the Labor Board advises.
 

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