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  1. #31
    Join Date
    Mar 2012
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    1,358

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting budwad
    View Post
    Screaming to whom?
    When you get your monetary determination from NJ DOL with no wages, you appeal it, and DOL will then make a determination if you were truly an IC, and if not, your monetary eligibility will be redetermined, and your zero quarters will be populated with wages.

  2. #32
    Join Date
    Nov 2013
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    6,888

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting chyvan
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    When you get your monetary determination from NJ DOL with no wages, you appeal it, and DOL will then make a determination if you were truly an IC, and if not, your monetary eligibility will be redetermined, and your zero quarters will be populated with wages.
    I figured that is what you meant. But if I did that, the minute the company I work for found out they would terminate my contract. They pay me well and I don't want to risk that if I am going to be called back.

    https://www.nj.gov/labor/lwdhome/pre...payments.shtml

  3. #33
    Join Date
    Mar 2012
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    1,358

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Let's analyze this

    Quote Quoting budwad
    View Post
    They pay me well
    They're not paying you anything right now, or you wouldn't be looking to get UI.

    Quote Quoting budwad
    View Post
    and I don't want to risk that if I am going to be called back.
    They might crash and burn before this is over. Honestly, how long did they keep you working before they pulled the plug? A lot of viable companies are not going to make it for no other reason than they ran out of cash and their doors are going to be closed forever.

  4. #34
    Join Date
    Nov 2013
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    6,888

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting chyvan
    View Post
    Let's analyze this
    They're not paying you anything right now, or you wouldn't be looking to get UI.
    They might crash and burn before this is over. Honestly, how long did they keep you working before they pulled the plug? A lot of viable companies are not going to make it for no other reason than they ran out of cash and their doors are going to be closed forever.
    It's true that I am not being paid while on furlough and I don't know yet when I will be called back. But the company I do work for is part of a larger company (15-20 companies I lost track) and none of them have been shut down (essential manufacturing). They did make all salaried employees making over $85,000 take a temporary salary cut of from 10-20% depending on the salary and they did cut 3rd shift and in some cases 2nd shift. The CEO of the parent company said no one will be terminated unless you don't return when you are called back. And all non-essential office staff are also on furlough at my company. The company has PO's going out 5-6 months for product so I am not worried about them closing the doors.

    The press release I linked to above is totally confusing. I get emails saying that I don't have to do anything to receive PUA but the press release says you have to certify separately for PUA. Nowhere on the DOL website can you certify for PUA yet. You can only certify for regular benefits.

  5. #35

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Hello all,

    I thought this matter closed, but the drama continues! However, the nature has changed a bit so I should perhaps start a new thread on this topic, and if so, just let me know and I'll simply refer back to this thread for background reference.

    My terribly self-centered wife has now threatened to raise a lawsuit against me for not sharing any account passwords or answering any questions about the business post-termination.

    To summarize, we are essentially at-will employee and employer, so neither or us were legally obligated to maintain my employment at the family business that we started together using my family's money. We were instructed to do so by our divorce lawyers and mediator as a matter of maintaining Marital Status Quo, which is more of a matrimonial issue in regards to alimony. However, she kept making moves as my boss to force me out, such as working personal favors into my duties and reducing my pay for not complying. Eventually we were on a cusp of an emergency alimony hearing when COVID-19 shut down businesses and she used it as the "legitimate" excuse to reduce workforce. I found out at our next divorce mediation that she had already officially terminated my employment while on furlough (and even applied for SBA loan listing herself as only employee) even though she agreed to not make such unilateral moves until we could address it in mediation. From the matrimonial matter standpoint, she now had a solid excuse for violating Marital Status Quo so severely so I ate it and filed for UI.

    Weeks later, she kept asking me for the password to one of the computers in the office, but I reminded her I don't work for her anymore and that was her own decision, not mine. She then threatened to sue me for purposely trying to sabotage her business. As an at-will employee fired without notice, compensation, or any kind of employment nor termination paperwork signed, I think it's pretty obvious to me there's no labor lawsuit here to worry about, but still better to ask you, the experts. As history as shown, she is so deluded in getting everything her way that she may still try to pursue this independent from our ongoing marital matter. So, might she have a case?

  6. #36
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting AsAmDivorce20
    View Post
    Hello all,

    I thought this matter closed, but the drama continues! However, the nature has changed a bit so I should perhaps start a new thread on this topic, and if so, just let me know and I'll simply refer back to this thread for background reference.

    My terribly self-centered wife has now threatened to raise a lawsuit against me for not sharing any account passwords or answering any questions about the business post-termination.

    To summarize, we are essentially at-will employee and employer, so neither or us were legally obligated to maintain my employment at the family business that we started together using my family's money. We were instructed to do so by our divorce lawyers and mediator as a matter of maintaining Marital Status Quo, which is more of a matrimonial issue in regards to alimony. However, she kept making moves as my boss to force me out, such as working personal favors into my duties and reducing my pay for not complying. Eventually we were on a cusp of an emergency alimony hearing when COVID-19 shut down businesses and she used it as the "legitimate" excuse to reduce workforce. I found out at our next divorce mediation that she had already officially terminated my employment while on furlough (and even applied for SBA loan listing herself as only employee) even though she agreed to not make such unilateral moves until we could address it in mediation. From the matrimonial matter standpoint, she now had a solid excuse for violating Marital Status Quo so severely so I ate it and filed for UI.

    Weeks later, she kept asking me for the password to one of the computers in the office, but I reminded her I don't work for her anymore and that was her own decision, not mine. She then threatened to sue me for purposely trying to sabotage her business. As an at-will employee fired without notice, compensation, or any kind of employment nor termination paperwork signed, I think it's pretty obvious to me there's no labor lawsuit here to worry about, but still better to ask you, the experts. As history as shown, she is so deluded in getting everything her way that she may still try to pursue this independent from our ongoing marital matter. So, might she have a case?
    All I can say is that you are as much a part of the problem as she is. There's nothing like divorce to bring out the absolute worst in people.
    "Where do those stairs go?"
    "They go up!"

  7. #37

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting Mark47n
    View Post
    All I can say is that you are as much a part of the problem as she is. There's nothing like divorce to bring out the absolute worst in people.
    What you say is generally true about divorcing couples so I do not take offense. However, there isn't really an answer here nor an explanation to how I am at fault which I need to know to decide how to approach this.

    If we presented this as a pure labor law inquiry, it would go something like this:

    "My boss fired me without notice while we were on furlough from COVID a month ago. There wasn't a severance package, an official letter of termination, or anything. Now she's asking for passwords to my old workstation and stuff and says she will sue me for obstructing her business if I don't comply. Can she really sue me?"

    Indeed this will be handled outside of divorce court and instead in a labor court so let's approach this without divorce in mind until it has to become relevant again.

  8. #38
    Join Date
    Oct 2006
    Posts
    16,197

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting AsAmDivorce20
    View Post
    What you say is generally true about divorcing couples so I do not take offense. However, there isn't really an answer here nor an explanation to how I am at fault which I need to know to decide how to approach this.

    If we presented this as a pure labor law inquiry, it would go something like this:

    "My boss fired me without notice while we were on furlough from COVID a month ago. There wasn't a severance package, an official letter of termination, or anything. Now she's asking for passwords to my old workstation and stuff and says she will sue me for obstructing her business if I don't comply. Can she really sue me?"

    Indeed this will be handled outside of divorce court and instead in a labor court so let's approach this without divorce in mind until it has to become relevant again.
    Of course she can sue you. Anybody can sue anybody for anything. However, if you are hoping for alimony from this divorce, or for a buyout of your marital share of the company business, then you are foolish as heck to do anything, even something minor, that sabotages the business. The judge in your divorce case would likely run you through the ringer for not cooperating...even if he were likely, under normal circumstances, to award you a ton of money regarding the business.

  9. #39
    Join Date
    Nov 2013
    Posts
    6,888

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Any good IT professional could reset or bypass a computer workstation password or passwords to Excel, Word, or Outlook and many other programs . If you are speaking about bank account passwords that is a different story.

    Every inch you give will bit you in the ass by at least a foot. Tell her to put up or shut up. Let her sue you and see where that gets her. You are no longer an employee. You owe her no duty to help her in the business. And it will have no impact on your final settlement.

  10. #40
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,389

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    While it is true that a password can be reset easily in many cases, the passwords belong to the business, not to the OP.

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