Recently got fired from a car dealership where I worked as a manager. Still owed about $ 500 in commission. Spoke to General Manager and another manager there and they both say I'm not going to get the check because of the circumstances under which I ended my relationship (I was injured and had to go to the hospital and despite my best efforts to reach the GM I could not so they thought I walked out on them). Anyway, I'm not interested in fighting for my job back—I was making no money there and can go to any other store and make a lot more—but I sure as hell am not going to let them add insult (robbing me) to injury (letting me go in the first place). So what I did when I spoke the the GM and other Sales Manager was to record the calls (NY is a one-party consent state). I have the GM on tape saying multiple times that he doesn't think I'll get paid because, "that's what they do here," and also "they've done it in the past." The Sales Manager went as far as to say it is the owner's decision. I have them both on tape admitting that I am indeed owed the money. I'm just trying to get my money and be done with them. I'm sure I'd win in small claims court but do I really want to waste the time for $ 500 (I could probably tack on lost wages and suffering or something)? I could contact the Department of Labor Wages and Hours Division but that's a whole other can of worms. Either way, I want to communicate to the owner that I have these tapes that will eventually get my money to me but cost them thousands in legal fees as a way of convincing him that it's easier for all of us if he just abides by the law and pays me. But (and here's my question) should I mention the tapes or will that allow him and/or his lawyers to prepare a defense to counter them? Should I send him transcripts but not let him hear them? Should I send him the tapes? What's the best way for me to convince him to just avoid the legal waste of time and money and pay me?
Answer by Lyla Elsinore
If its legal for your to use recordings sue them! YOU HAVE to out of prinicple and what they owe you.
But DO NOT say you have recordings without consulting legal advice as they could use it as blackmail and nullify you using them in an actual legal case. Go to a lawyer now but DO NOT mention the recordings
Answer by Michael H
Assuming you live in a one party state where both parties don't need to be informed of the recording, you can use the recordings in court. As to the content? No idea, what you may consider solid evidence, a judge may think differently.
You need to start with the laws regarding recording in your state, if it's illegal, then you don't have near as much evidence as you think you do. If you live in any of these states, the recording was illegal:
California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
If not, then take the tapes to an attorney and figure it from there.
As a side note, if they have a habit of doing this to others, contact DOL Wage and Hour. That may instigate an investigation to require them to pay all the others that they did it too as well as you.
Answer by FAH-Q
go to small claims court...use the tape....see what i am getting at....but you also so imply it is a waste of time to go to court for 500 bucks where you are sure to win... then you state you can go to any other store and make a lot more...there is a line from a movie ''good morning viet nam'' you are more in need of a blow job than any white man alive!!!
Add your own answer in the comments!
Orignal From: Need Legal Advice: Company Stole My Last Check?
Post a Comment