Car Rental Suit

[JAM10]

What is the name of your state?NC
I was employed by a company which had me traveling around
the SE US visiting retail stores to get orders. When I was
hired I had my own car, but after several months, it was
obvious that my car couldn't handle the strain and I had to
start renting vehicles. Each month my expenses were
reimbursed, late, but reimbursed. In the winter I had a
family emergency when my Mom fell on the ice and broke her
leg. She was hospitalized, and incapacitated when she came
home. I went home to check on her. When I did, they fired
me for coming off the road. I never received my last
paycheck, nor did I receive the final reimbursements.
Here's where it gets scary...I don't have a Driver's
Licence because of Child Support commitments...So my
brother who is a licensed driver, and also legally
classified as mentally disabled would travel with me. He
would sign for the rented cars. I had a friend at the car
rental company who would let the cars go out without a
credit card for security. It had never been a problem
before. I would get paid..I would pay him. Last year, my
Mom needed a car for the weekend. I sent her to my friend.
She had a credit card on record. So when the account came
30 days delinquent, he put my Mom's credit card number on
the file for security. I never told him to do that, I
think he was looking for a way to cover. Well my Dad (who
doesn't live with Mom) saw the charge and accused the car
company of fraud. 3 different times they tried to debit
the card, 3 times my Dad had it removed and the funds
reimbursed to his account. Now the company is suing my
brother for the unpaid amount. And I'm suing the employer
in Small Claims court in NY (out of state) for money due.
But it will take a lot longer for the case to come before a
judge in NY, then it will for my brother's case to be heard
here in NC. Plus they feel like they don't owe me any
money, even though I have the reciepts and orders showing I
was fulfilling my obligation to them. I've already
submitted the original recipts to them (minus the car
rental fee) for reimbursement and kept copies. I feel like I
messed up everybody's life and I'm broke. No job, no money
for a lawyer and my brother's case is next week. If they
would just pay me my money, I could cover the car charge
and it would all be resolved. Dad will NOT pay it, and he
says if they sue my brother he will sue them for fraud. Is
there any way I can get this resolved and save my brother
legally? I love him and he doesn't deserve this.

 

[Ladynred]

The trite answer here is for YOU to pay the car rental place what is owed and save your brother. You didn't say how much money is involved, but I'm guessing it can't be too terribly much. Is there anyone you can borrow the money from to get your brother off the hot seat ??

You've got a LOT wrong things in your chain of events. While I understand some of why you did it, the fact is it has now completely backfired on you. Not paying you wages due is illegal, regardless of their reason for firing you. If you submitted and expense report and they also failed to pay you for that, they're wrong on a 2nd count.

Have you considered asking the court for a continuance in your brother's case ? It IS allowed once and its not hard to do. Your brother will have to do it though. Might buy you enough time.

You might try talking to a lawyer. There's legal aid and often lawyers working pro bono (free) that might help you. There is also a NC lawyer over on cardreport.com. Go there and post message to "Avenger", he might be able to help you.

 

[JAM10]

Thanks so much for your reply. It gives me a little bit of hope. I'll have him go for a continuence on Monday and see if I can find some legal help. In the meantime, I'm open to any other suggestions on what to do about the Employer.