http://www.reddit.com/r/legal/comments/o62wc/unable_to_get_3_paychecks_because_owner_fled/

Not much help there.

So here's an update:

1. The police said that in order for them to begin thinking about bringing criminal charges, is I need to show proof that I requested the paycheck, and didn't get it. So this requires me to send a Certified Mail thing to them, asking for the paycheck (that one that I clearly couldn't cash). It's a mail thing that the post office sends a guy to the lawyers office, he signs for it, and then I get a thing back saying they signed for it. I have a copy of the letter that I sent certified mail. If I don't get a paycheck in 15 days of them receiving this letter of mine, 'officially' demanding the paycheck, then the police might have a case.

However, if she simply went bankrupt (and the cop said if she has a lawyer, she probably is then), then that isn't criminal. You can't be charged with a felony for a bad check because you have no money, it has to be criminal intent.

So i sent the certified mail out, I got back saying the lawyer received, and I'll show it to the police (its been about 15 days now). They can decide if it's a crime.

2. I have civil court set early in february. I have learned also, that it turns out Danielle skipped out on the last paycheck of EVERYONE at the pizza shop, and that the new owners (or old, as they were whom danielle bought it from) covered their paychecks out of good grace. I'm going to ask the new owners if there was any sort of agreement, because if they can cover the paychecks, that that'd be fine with me. I'm just trying to get my paychecks. So... i don't know, that's just interesting. It'd certainly be something worth mentioning in court.

A lot of the Chanello's employees are also interested in coming to court with me as well. It turns out managers never got bonuses they were contractually promised, everyone apparently didn't get their paychecks (they were just covered by the new owners so they didn't raise a stink), and EVERYONE is missing their W-2s so everyone is actually fucked at the store and kind of scrambling about the tax stuff.

So. I don't know, I don't see how it can go wrong. I'll just see in court, but I got to take the matter to the police in regards to the bad check now, and I got to talk to the new owners to see what was up with them paying everyone else.

Belial88

United States5217 Posts

February 12 2012 18:40 GMT

#44

Okay, so I went to court in small claims.

They asked for it to be "removed to general court", meaning it's going to trial.

Meaning that her lawyer can speak on her behalf there (lawyers aren't allowed in small claims court). So I might need a lawyer. I'm going to phone consult with a few lawyers to see what I should do, but I mailed a bill of particulars (necessity apparently for moving to general court, it's a requirement) stating why I'm filing this claim, and all the evidence (I got managers and employees at the place to sign saying I worked at the place in June, to which she's saying I didn't) and the time records.

She also sent me a money order for the amount of that bad, single paycheck, and said something like the money is in escrow pending my dismissal of the claim. So I didn't cash it. The clerk at court said maybe I should tell them I didn't cash it, but I think it best I don't communicate at all with them, and just not cash it.

They also sent a letter to the court asking for dismissal of the case due to her being out of state and thus it needed to be filed with the secreteary of something... but I don't really know if she's out of the state, and the whole thing is she fled... so screw that. i'll argue in court against that if it comes up.

I'm thinking maybe I should contact like the IRS to see what they dislike her so much about, you know, so I can bring up in court to the judge that the defendant is someone who is shady as fuck and is on the lam. Because if they want to dismiss it based solely on her being in another state, I'd argue against that saying she's on the run and I have no idea if she's really out of the state.

Anyways... obnoxious what she's doing here.

I also got my W-2. I was wondering if like, I could 'read' it to see if the 2 disputed paychecks were accounted for in it. I know for sure she made those checks and like, paid out to social security and medicad and all that (there is no federal withholding on them though... whatever that means). So maybe I could get like, proof, that money was sent to social security and medicaid from the disputed paychecks, and maybe extrapolate what the paychecks were from the amount sent to taxes. Make sense?

Jaybles

United States22 Posts

February 19 2012 14:39 GMT

#45

Honestly, on your w2 file for what you're missing, because technically if you were entitled to it, but didn't receive your w2 should reflect that, because in that sense you are owed.

THOUGH, and i will say this in general working for free is a bad rap, and with most institutions and places, i don't "start" working until i see paychecks, and if that is ever in question, working stops

Now, as far as previous owners holding up some type of crazy shenanigans; the new owners have no obligation to stand on your checks and own up to them unless they bought the original claims of the company. It has to be in the same name for legal reasons, for example if you bought Hewlett packard, you buy all their debts, as well. but if you basically just bought a building that was all of HP employees, there's no implication of their previous debt, you're buying people and the building.

Ignoring my poor example here, on your W2 when you file subtract the difference of those 3 unpaid checks assuming you get your totality in paperwork.

There's no reason you should be taxed for money you didn't get; in the case of an audit you have an upper hand.

With all the bad business practices happening the irs doesn't care about 900 dollars (typically)

Jaybles

United States22 Posts

February 19 2012 14:40 GMT

#46

"She also sent me a money order for the amount of that bad, single paycheck, and said something like the money is in escrow pending my dismissal of the claim. So I didn't cash it. The clerk at court said maybe I should tell them I didn't cash it, but I think it best I don't communicate at all with them, and just not cash it. "

If the money is "tied up" she better find it anyway.

she is basically black mailing you and telling you lies to get you to to drop your claim.

Belial88

United States5217 Posts

February 27 2012 05:44 GMT

#47

Yea...

So the case has been "Removed to General District Court", and even though I pleaded with the judge not to due that due to the character of the plaintiff, she was obligated to. The problem now, is that lawyers can argue in general court, whereas they can't in small claims.

So I sent all the 'evidence' I had, signed testimony, time records, the bad check, to the court and the lady I'm suing's lawyer, as part of the "Bill of Particulars" that I need to fill out. I think they're supposed to submit evidence too, but I havent' seen what they are up to.

I'm trying to talk to a lawyer.. haven't been called back yet...