Retaliation from Former Employer 

Retaliation from Former Employer

Last Thursday I quit my position as an accountant. The company is a
small business. owned by a husband and wife. The wife is the main
supervisor over the office staff. She's mentally ill or something. just
completely out of her senses. I finally got fed up with the manipulation
and lack of professionalism. told her Thursday afternoon that I wouldn't
be back.
Friday when I went in to pick up my paycheck. she called the police and
made allegations that I'd deleted and removed critical files. etc. The
only thing she doesn't have is my e-mail. which I kept on my personal
laptop with her knowledge. not the office PC. Upon quitting I removed
everything to do with them from my laptop.

The officer suggested that I contact her to work it out. When I called.
she refused to speak with me. I called the officer back. asked him to
suggest that she work it out with me. He called her and then called me
back to let me know that she's refusing to speak with me.

Yesterday my wife received a phone call on her cellular from someone we
don't know who identified himself as David. claimed to know people at
the company. and proceeded to tell her that if I didn't fix this within
2 days. he was going to come after me. and then our 3-1/2 year
old daughter. The only way for someone to get my wife's cellular number
would be off the emergency contact sheet in my employee file.

I called the company to see if the VP would be more
willing to work things out this time. After a tirade or profanity and
accusations.
no resolution in sight to this
retaliation and related legal issues. and now threats against my family
from a third party.

The office manager was fired a couple months ago. and the same type of
accusations were made against her. although no police involvement or
threats that I know of.

My wife and I are willing to write off the paycheck. we just want to be
done with these people. The problem is. she's so hell bent on
retaliation and screwing with our lives. there doesn't seem to be any
way to back her off.

While she's doing all this. she's a local business owner of a
disability-services provider. has adopted children. attends her church
regularly. from all outward appearances is a solid citizen.

I'm just feeling stuck and not quite sure which way to go with
everything. I've cooperated with the police. contacted our attorney who
advised that we seek a restraining order. Department of Labor won't seek
the paycheck due to some limit they have (I made too much I guess).
Apparently we can seek the pay through small claims. but I'd rather just
let it go to be rid of this harassment.



get the restraining order. It's your chance to tell the judge
that about the threatening phone call. and ask that the judge order
cooperation from the cell-phone company to see who placed the call .
(Follow-up with the DA about getting the phone records.) It may be a
slam-dunk: "David" would be found. and with his cooperation. and with
the cooperation of the recently-fired office manager. and your
knowledge of the financial ins and outs of the company may lead to
their house of cards crumbling -- and perhaps even a civil suit larger
than small claims.



we do investigate these types of crimes.. but it is
depending on where you are from.



you have a claim against the company for violation of the Fair
Labor Standards Act. If you work for a company. they have to pay you for
your work. They cannot hold your paycheck hostage for an actual or false
allegation of wrongful conduct. They have to pay you for all of your time
right up to the last time you walked out the door. If they don't they can be
sued under the act for 2 times damages. If you did do something wrong. then
it is up to them to sue you for your wrongful conduct. As this case involves
a computer. it would be easy to tell when the "critical files" were deleted
and who deleted them. So if you didn't do it. don't be afraid of the
allegations they may make.

You should report the threatning call to the police. They can
obtain you cellular telephone records and identify who this David person is.

it might be worth talking to the other fired party to see if there
are enough simularities to get a lawyer interested in filing a hostile work
enviroment lawsuit. These cases almost never go to court as the insurance
companies are more likely to settle a case involving a small company rather
than a large one (small companies pay less in premiums).

you need a lawyer. The first thing he should do
is send a demand letter for your unpaid wages.



I n addition to Falcon's comment:
"As this case involves a computer. it would be easy to tell when the
"critical files" were deleted
and who deleted them. So if you didn't do it. don't be afraid of the
allegations they may make. "

I presume that your work and these files were backed up prior to your
leaving the firm. If this is the case. then reconstruction would be no
problem.
I would pusue Falcon"s advice here.





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