FL: Ex-employer stole sales bonus?

[Thepreacher]

What is the name of your state?Hello everyone:
STATE:Florida

I am not sure this question falls under the fringe benefit section. If not please accept my apologies and redirect accordingly.


I worked for a call center company which outsourced call attending services for a reknown online travel company.

As part of the sales incentives $100-$400 +/- were offered for sales agents who reached a given sales conversion rate during announced periods.

During my employment with this company (5 months +/-). I managed to earn (3) $200 giftcertificates. The certificates are from Giftcertificates.com. I used one of the $200 certificates and kept the other two for another better opportunity. The certitificates do not expire ever, according to Giftcertificates.com.

I quit my employment with the outsourcing company and moved to another state. Two months after quiting my job on good terms I attempted to use the certificates and the website indicated they had been used!!. I contacted Giftcertificates.com who indicated in writing that someone other than me had used them, therefore I needed to contact my ex-employer. I have made phone calls, written emails, appeared in person and all I have gotten is "we are looking into it", and no returned calls or emails for the last three months on the part of my ex-employer.

At this moment I am contemplating some type of legal action to receive what is rightfully mine. I am not sure of what the best route is: Theft police report? small court suit? . I am also trying to keep it as economical as possible since I do not count with the funds to hire an attorney.


Can anyone share some advice? I want to take action and not just let someone steal my money. Thanks in advance for your advice.

TP

 

[cbg]

And just who do you plan to sue? The only one who has any liability is the person who actually used the certificates, not your employer.

 

[Thepreacher]

I suspect someone in the company I used to work in has used them. Giftcertificates company does not reveal identity of who used them and refers me to my ex-employer, as implying they may have something else to say. Why would they refer me to my ex-employer (in writing) if ex-employer has no knowledge of who used my bonus?

also ex-employers lack of follow-up does not paint them in a very favorable light.

Everyone seems to know who used the bonus except me. Who do I sue? that is part of my question.

 

[cbg]

You are proceding from a false assumption. You are assuming that because you were refered to your former employer, that means the employer MUST know who used them. That is not the case. The fact that Giftcertificates saw a way of passing the buck and getting you off their backs, doesn't mean that your employer has any knowledge of who used them, or even that they have any way of finding out who used them. The company who issued the certificates, i.e. Giftcertificates, has more access to see who used them than your employer does.

Your employer has no way of following up and seeing who used the certificates. This is another false assumption on your part. Just how do you expect them to track them? Once you were given them, their authority over the certs ended.

I tell you again; the only one you can sue is the one who actually used them. If you can't find out who did, there is no one to sue.

 

[Thepreacher]

Let us say my employer does not know who used them.
As you are stating, AT LEAST, giftcertificates should know. They are not providing me that information.

In that case, what is an ordinary citizen, who puts her/his trust in the legal system, to do in this case? It is not a false assumption this citizen's property was stolen. It is not a false assumption giftcertificates knows who used them. What does then our much trusted system provide as a means of resolution for this loss of property?

What is the legal step in our system for someone in my situation to pursue? Is the option to just give up on one's lost property? if it is, our system is the most worthy of condemnation...

I kindly ask, what is the recourse to follow? police theft report? thanks.


BTW:In my book my ex-employer is a good suspect since they are not denying knowledge, nor returning the calls, plus have other employees with access to these bonuses and knowledge of which have been used and which have not, also knowledge of employees who no longer work for the company.

 

[CheeseBlotto]

Without knowing who stole from you, you really have very little recourse. I suppose you could attempt to take action against the gift certificate company to attempt to get more information, but you won't get that done for anything remotely close to $400 and your chances of success are questionable at best.

Sorry you got screwed, but move on.

 

[Thepreacher]

Thanks

If anyone else has further comments please share them. Thanks.