Employer Claims Overpayment, Time Card Fraud
Hi, I live in Oahu, HI.
Since November of '08, I've been "battling" a legal issue with my ex-employer.
Long story short, he changed my hourly wage from $10.00 to minimum without any consent. This month, I finally received my well-deserved check from my case worker but I got a another email from my ex-boss that says,
This letter was to my case worker but it directed towards me and for some reason, he always writes something to his "lawyer", who I guess is David, but he only forwards this to either me or my case worker because I'm pretty sure this is just the same scare tactic he used to try to shake me up.Mr. ********,
Please remember cutting the check doesn't mean I agree with your decision. It's only because I'm currently busy with expanding my business, and I rather spend time on it than on something less than an hour’s pay. When the deals are closed, I'll have time to take this case to the court. The store has security cameras videotaping every square foot, with audio, 24-7. I will be able to prove your theory is wrong that everything is based on the shift schedule because the clock-in/out records are lost. There’re more surprising findings than not being on time in the videotapes. I'm sure it will cost her at least 50 times she gets from this case to get a lawyer helping her get rid of the case she started. I'll also let every employer who try to employ her knows what kind of person she is, with evidences I never showed you.
Dear David,
Please keep this email for your record.
***** ****
I don't take most things lying down so I wrote something in reply which I will paste but you don't have to read; it's just me basically telling him that I didn't mean to do harm to him and that I never wanted anything more than what I worked to earn, not what he thought I deserved.
I was completely reasonable, professional, and thoughtful in my reply; I basically killed him with kindness.
I'm still a minor, I was 16 when I worked for him, I turned 17 and still am at the moment.*****,
If you were busy, you should have just paid what you owned. If you rather spend time on your business then do so, you don't have to advise me about it. I know you're immersed with what you do and I acknowledge and respect that which is why I worked as hard as I did. Why are you wasting your energy on someone you don't like? All I wanted was to be paid what I earned and not get ripped off. You aren't very professional and I'm not the first one to say it... How are you going to be able to tell every single employer on this island about "what kind of person she is"? And what kind of person am I anyways? I'm just a person that wants justice. Besides, I'll just tell the truth. I'm not afraid of telling them why I was fired or why this whole thing happened. Honestly, I do not know why you are spending so much time on a person who you deem unimportant, especially when that person is still a minor. The laws are different in the United States and unlike Taiwan, you just can't rip someone off like that. There are codes of conducts and rules to follow and if you break them, consequences will occur and I know this because I accept full responsibility for being fired from you because that I understand. Stop seeking revenge at something that is dead because I didn't want to hurt or destroy your business, I never did and it's not in my nature to do so. I don't know why you can't it through your head that I didn't want MORE money from you, I just wanted what I worked for and you know dang well that I worked well when I was your employee even if I did slip up occasionally. When I started this case, I did not do this to degrade your character, it was just business, just like you said because if we were friends, this wouldn't have happened but this is a ex-employee and an employer situation. Also, threatening someone isn't going to get you your way... Especially doing it past aggressively and indirectly, you should just email me personally. Knowing some aspects of your personality, I know what might happen and I advise you not to obsess over this or wallow in negative things. I know that you might not agree with Jensen's decision or mine and that's fine, it's a free country but you don't have to be so vicious. I'm a different person now since you've met me and I've changed for the better. I always wanted to see your business succeed but you were always worried with the bad things that happened or the "bad" people that cross you but you have to get used to the fact that are always going to be people you disagree or clash with and focus on the people that aren't that way, such as your loving wife, your supportive family, or your good employees. I know when you read this, you might be saying, "BULLSH*T" because you're angry or have a grudge towards me but I understand. You should really take a break and enjoy Hawai'i; find and cherish the reason that brought you to this beautiful island in the first place because you lack a lot of aloha... Anyways, in all sincerity, good luck with your business and I hope all is well. Thanks for teaching me another valuable life lesson and for the positive memories we shared.
Bye,
Victoria."
I'm not too worried but I do know some aspects of his personality that make me believe he might sue me for whatever reasons are floating in his head.
He's a very shady guy and he's highly unprofessional but he still has the ability to sue me so it's a bit disturbing.
I just want any advice or thoughts about my situation.
Is this fair or am I the one that is rightfully wrong?
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