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Company not taking responsibility

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H

HeyStay

Guest
I was hired last April as an Exexcutive Mortgage Assistant by a Loan Officer of Columbia National Mortgage to work at home. Although there was not a signed contract between us, I do have a record of my compensation which was agreed upon by the both of us. To make a long story short, this man hired me under fraudulent circumstances and was eventually fired by CNM for other unethical practices. I am owed two months wages, as well as reimbursement for expenses which was part of the agreement. This man kept putting me off when I inquired why I wasn't being paid. The next thing I know, he's up and gone, leaving no trace of where I can reach him. His number is disconnected, my e-mails have been returned; I sent a registered letter to his home address and although someone signed for it, I have never heard from him. In the meantime, I received a call from "Maryann," the Manager at Columbia National Mortgage who stated that she received the fax I had sent to Julio, as well as the packet of documentation of work completed. She stated that she wanted to get me "the money I desrved," but would I please send her copies of all correspondence between Julio and myself. I did so and never heard from her again. I left numerous messages and finally a secretary who answered for her stated that I should call CNM's legal counsel. I did and was pretty much told that they were NOT going to do anything about paying me since they never even knew about me in the first place. Also, because I never signed anything when hired makes them not accountable. I met with Julio sveral times at the Columbia National Mortgage office and I generated income for this company. Shouldn't they be held accountable for their employee's actions? I want to take them to small claims court but since I can't afford a lawyer, I need to know if it's worth it. They owe me over $1300.
 


W

Wilson

Guest
Take them to small claims court and you should win. When you sue them they'll take you seriously, and probably offer you something. But they're giving you the brush off. And yes, they are liable for an employee's actions withing the course of his employment. Also, did you go to the local newspapers and TV "help lines"?
 
H

HeyStay

Guest
Hi, thanks for your reply. Yes, I have tried going to the newspaper, however they have not been helpful. I was thinking of writing an editorial, mentioning the company by name and all. Is this a good idea, especially since I want to take them to small claims court?
 
H

HeyStay

Guest
I did send in the paperwork for small claims court. I received a response from them as well as from their lawyer - they, of course, are asking for the suit to be dismissed. They are claiming no responisbility since they did not hire me directly and I didn't sign a W-9 form with them. What do you think are my chances?
 
H

HeyStay

Guest
An update - I went to court and LOST! The judge said he couldn't in "good conscience" rule in my favor since the company didn't kow anything about me. I guess companies are no longer required to monitor and be responsible for their employee's actions...pretty sad state. You wouldn't catch me going to this company for a mortgage.
 

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