• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Federal Court Order

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



quincy

Senior Member
Thank you for reposting, Greg. The GoFundMe link from your earlier thread was inappropriate for this forum.

Your claims for minimum wages and overtime violations under NCWHA have survived the defendants' motions to dismiss and summary judgment. These claims are scheduled to be heard in a trial scheduled for September 9, 2019.

The rest of the claims you made that were dismissed were dismissed for a variety of reasons.
 
Last edited:

ggarmento

Member
Yeah... I figured as much. The gofundme page is dead any way. I am now motivated to redo the video without the gofundme message; it provides good background.

Greg
 

Zigner

Senior Member, Non-Attorney
The order is actually pretty clear. Did you read it? Go to the last two pages for a summary of what happened. If you need further interpretation, then you need to speak to a local attorney.
 

quincy

Senior Member
Yeah... I figured as much. The gofundme page is dead any way. I am now motivated to redo the video without the gofundme message; it provides good background.

Greg
The video was a good one but I think it needs to be made clear that the veterans are being provided free room and board.

I edited to add to my earlier post, by the way. :)
 

ggarmento

Member
The order is actually pretty clear. Did you read it? Go to the last two pages for a summary of what happened. If you need further interpretation, then you need to speak to a local attorney.
I am not an attorney either... Pro Se. That is why I am seeking interpretation. Local lawyers are not interested. Over two hundred veterans are at the mercy of a local non-profit.
 

ggarmento

Member
The video was a good one but I think it needs to be made clear that the veterans are being provided free room and board.

I edited to add to my earlier post, by the way. :)
Over two hundred American Veterans are being force to work without pay under a Federal Veterans benefit program.
 

FlyingRon

Senior Member
Essentially, as it says, a summary judgment assumes all your claims are true, but that they do not lead to a legal claim of action. The first one was that you want damages for the records-keeping violations. The statutes do not provide for that. While the government requires them to keep those records, the failure to do so is between the government and the employer, you don't get to sue over that.

Similarly, they point out that there's no cause in the law for to recover anything for being subject to duress. Duress only becomes an issue when trying to defend against someone making a claim against you.

For the Emotional Distress claim, the issue is that you say that there was emotional distress, but you don't provide any indication as to what that is. You can't say "I'm distressed." You have to couch in the psychological terms that fit the defintion of what the law provides for.

You also make a claim under a federal law that only applies to the state (or people acting for the state). Since the defendant was only acting for the feds, you cant use this.

You claim conspiracy, but you named a single corporation. A corporation can not conspire with itself. Its employees are free to "strategize" within the corporations.

Your explanation of the history doesn't show you were fired in retaliation to a complaint.

On the REDA claim, you failed to follow the proper procedure. You need to follow the proper due process.

As Q points out, your minimum wage and overtime claims will proceed.
 

quincy

Senior Member
I am not an attorney either... Pro Se. That is why I am seeking interpretation. Local lawyers are not interested. Over two hundred veterans are at the mercy of a local non-profit.
If you have a law school near where you live, you might find some free assistance there.

Your concentration should be on your surviving claims - minimum wage and overtime pay violations under NCWHA.

Although I understand when you say that the homeless veterans are "being forced to work without pay," these veterans ARE being provided free housing and free food in exchange for the work. I don't think you help your cause by ignoring this fact.
 

ggarmento

Member
Essentially, as it says, a summary judgment assumes all your claims are true, but that they do not lead to a legal claim of action. The first one was that you want damages for the records-keeping violations. The statutes do not provide for that. While the government requires them to keep those records, the failure to do so is between the government and the employer, you don't get to sue over that.

Similarly, they point out that there's no cause in the law for to recover anything for being subject to duress. Duress only becomes an issue when trying to defend against someone making a claim against you.

For the Emotional Distress claim, the issue is that you say that there was emotional distress, but you don't provide any indication as to what that is. You can't say "I'm distressed." You have to couch in the psychological terms that fit the defintion of what the law provides for.

You also make a claim under a federal law that only applies to the state (or people acting for the state). Since the defendant was only acting for the feds, you cant use this.

You claim conspiracy, but you named a single corporation. A corporation can not conspire with itself. Its employees are free to "strategize" within the corporations.

Your explanation of the history doesn't show you were fired in retaliation to a complaint.

On the REDA claim, you failed to follow the proper procedure. You need to follow the proper due process.

As Q points out, your minimum wage and overtime claims will proceed.
Thank you... I get most of that now. that gives me a toe hold of understanding.
 

ggarmento

Member
If you have a law school near where you live, you might find some free assistance there.

Your concentration should be on your surviving claims - minimum wage and overtime pay violations under NCWHA.

Although I understand when you say that the homeless veterans are "being forced to work without pay," these veterans ARE being provided free housing and free food in exchange for the work. I don't think you help your cause by ignoring this fact.
The VA GPD is an earned benefit contracted to a non-profit. The non-profit has no exemption from the employment law or 13th amendment. There is is no quid pro quo for the Federal benefit.

Thank you for the dialogue.
 

quincy

Senior Member
The VA GPD is an earned benefit contracted to a non-profit. The non-profit has no exemption from the employment law or 13th amendment. There is is no quid pro quo for the Federal benefit.

Thank you for the dialogue.
Okay. I am not sure I understand completely. :)

I have not had the chance to read over North Carolina's Wage and Hour Act and I know little about the VA's Grant and Per Diem Program. We have others on this forum who probably have more familiarity with both.

But it appears, again, that you will need to focus on the wage and hour claims for your September hearing. For that, you would be best off finding legal assistance in your area.
 

FlyingRon

Senior Member
I think he has a good chance of getting something on the minimum wage/OT stuff if the numbers work out. Just because you're working to offset the room and board doesn't rise to the level of indentured servitude. The fair value of the board for the time period plus the wages received have to yield the min. wage + overtime.
 

quincy

Senior Member
I think he has a good chance of getting something on the minimum wage/OT stuff if the numbers work out. Just because you're working to offset the room and board doesn't rise to the level of indentured servitude. The fair value of the board for the time period plus the wages received have to yield the min. wage + overtime.
The Court seems to agree there is something in the complaint worth pursuing.

It appears that, to succeed with the remaining claims, a lawyer should be involved - if only to provide some direction on an as-needed basis.

Although it has been attempted in the past on this forum to guide someone through a lawsuit, the forum is not really set up for that type of extensive help, and it can get into shaky legal territory (i.e., UPL).
 

ggarmento

Member
The non-profit is contracted to provide the room and board; no labor exemption is granted.

In fact, the Veterans sign an agreement with the non-profit upon entering the VA GPD program that is an acknowledgment that the services are free.

Services. Asheville Buncombe Community Christian Ministry (ABCCM) provides emergency shelter servicesto individuals
who are homeless. "I understand there is no cost for my residency in the VRQ transitional housing program. I will be receiving
free room and board." Although we do not charge fees for the services provided, you are responsible for your transportation to
appointments, work, etc. You have been provided with a list of our rules. If the rules are broken, services provided you maybe
altered or terminated.


The the non-profit designed their own VA GPD own program and over the years evolved into requiring labor without pay from the Veterans.
 
Sponsored Ad

Top