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  #1  
Old 08-27-2007, 12:37 PM
kilog55 kilog55 is offline
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need help for court date

a previous employer is taking me to civil court saying i owe hime money for a missing fuel receipt, and damaged toolbox totaling 1230.97 i turned in all my receipts and accidentally damaged the toolbox on the trailer of my rig by scrubbing a guardrail a quite common accident in a tractor trailer. he too $250 out of my paychecks over time to cover the toolbox and i have yet to receive my last paycheck my last day was July 13th '07.

now the 250 and my last pay will more then pay for the toolbox so that cuts the amount in half or more. if i lose that is, but he refuses to give me copies of my last pay stub i have the rest from day one but i cannot file a counter claim without knowing the exact amount of my last paycheck.

can you go and supoena all pay records? what if he says there is no pay for that last week i worked? i have my logbook entries as well as my journal showing i worked and where i was when.
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Old 08-27-2007, 01:18 PM
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Quote:
Originally Posted by kilog55
a previous employer is taking me to civil court saying i owe hime money for a missing fuel receipt, and damaged toolbox totaling 1230.97 i turned in all my receipts and accidentally damaged the toolbox on the trailer of my rig by scrubbing a guardrail a quite common accident in a tractor trailer. he too $250 out of my paychecks over time to cover the toolbox and i have yet to receive my last paycheck my last day was July 13th '07.

now the 250 and my last pay will more then pay for the toolbox so that cuts the amount in half or more. if i lose that is, but he refuses to give me copies of my last pay stub i have the rest from day one but i cannot file a counter claim without knowing the exact amount of my last paycheck.

can you go and supoena all pay records? what if he says there is no pay for that last week i worked? i have my logbook entries as well as my journal showing i worked and where i was when.
Sounds like a complaint with your local labor board is warranted. I can't imagine why he wouldn't give you copies of your last pay stub...unless he's trying to hide something.
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Old 08-27-2007, 01:30 PM
kilog55 kilog55 is offline
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yeah i filed with the labor guys they said if he takes it to the magistrate they step out but keep investigating if i win they go back after him
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Old 08-27-2007, 09:43 PM
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i would file a counterclaim for the maximum allowed under the courts rules you can claim suffering and pain from not getting your pay and unless you agreed to replace the tool box, he cant claim it. now also if the tool box was older he cant expect you to replace with a new one its only to its cash value on the truck if it was three years old lets say with a life expectancy of like five years you only owe him two fifths of the value of it.. did you sign any contract that the equipment was your responsibility? sounds to me like this boss of yours needs a good butt kickin
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Old 08-27-2007, 10:17 PM
kilog55 kilog55 is offline
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sign anything no, i was told i had to replace it since i caused the damage so he took money out of my checks to cover the costs of a replacement. it was a 2007 trailer and box but it is from the company he is contracted to. so to me he doesnt have the right to make me pay for it the company who owns it should have the jurisdiction there.


and no, no contracts or statements saying i would flip the bill for damaged equipment whether caused by me or accidental so i am good there.

but i will go down and file a claim against him for the $250 he took out $500 or so for wages not received, late fees incurred on my jeep payment and $189 in overdraft fees from the bank for having 2 EFT's bouncing 3 times each plus daily late fees so that would be $930 plus court costs etc which i have my bank statements to back up the late fees and NSF charges. plus the $180 ill lose for taking the day off so make it $1120 plus costs should do nicely. since i have to present the total amount i am claiming. atleast on Judge Judy you have to have it add up.
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Last edited by kilog55; 08-27-2007 at 10:21 PM.
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  #6  
Old 08-28-2007, 10:31 AM
Renegade-Diesel Renegade-Diesel is offline
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Contact your state attorney general, district attorney, local state representative. No employer can keep any of your wages without your signed consent. Although you may owe him money, you must sigh agreeing so how much and how the repayment is to happen. Damage to equipment that happens by accident is why he has insurance, deliberate damage by you could be grounds for dismissal or repayment, but still you must agree to this in writing. Your state should have a labor and wages control board. There is also a federal and national labor and wages board. You can find them under the government section of the phone book.

I worked once for a person (won't even consider him a man) once and him was bouncing pay checks, making mechanics pay for rework, stealing and blaming the employees. He did this for 8 weeks and kept hiding out and being protectedby his church. I finally got the district attorney to press charges and he was arrested and spent some time (less than 24 hours) behind bars. The police came to get me so we all could sit down to discuss what I wanted from him to drop the charges. I had a wife and baby to worry about and thought if got all my money they would only drop my charges and would still have the other charges. The bad part was nobody else came in to file charges like I thought they had after I called.

Good Luck
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Old 08-28-2007, 06:10 PM
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Old 08-28-2007, 07:42 PM
kilog55 kilog55 is offline
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i have and no one would take me on. heck we discuss far worse things on here and it is not company related i am not bashing on or saying any names. that is why i put it in the PA section
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Old 09-02-2007, 02:03 PM
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Unless you signed some sort af agreement with him you are not liable for any damages.You should not have payed for it and parted company right there & then. He probably turned it into his insurance company anyways, that why you have insurance. As far as the fuel reciept he has no recorse on that.
This guy needs to be taken into court to get HIM straightened out.
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  #10  
Old 09-02-2007, 02:36 PM
kilog55 kilog55 is offline
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well i counter filed against him for $1800 so far everyone i have talked to or told this to all say i have more then enough in my favor to win.
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  #11  
Old 09-02-2007, 04:50 PM
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Good Luck with it kilog. While none of us here are labor attorneys we all have had bad bosses before. Keep us posted on your progress.
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  #12  
Old 09-02-2007, 05:12 PM
kilog55 kilog55 is offline
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yeah will do if anything it will help someone afterwards. my court date is sept. 13th
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Old 09-02-2007, 05:12 PM
 
 
 
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