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Movies => Bad Movies => Topic started by: Ash on June 03, 2003, 09:49:51 PM

Title: Off Topic: My Lawsuit
Post by: Ash on June 03, 2003, 09:49:51 PM
I am preparing to file a small claims lawsuit against my former employers.

I worked security in a small guard shack at an enormous factory (ADM) and was technically employed by a local security co. (Nighthawk Security) that is contracted with ADM to provide security for the plant.  
I was wrongfully terminated.

I have won unemployment benefits.  Nighthawk has since appealed these benefits and lost.

There is a partition that divides the shack in half.  At the end of it is a small half-sized wooden door about 3 feet high and 3 feet wide.

This door had been in disrepair for many months….literally falling apart.  I asked my supervisor several months ago what they were going to do about it and he stated that he thought they were either going to replace it or remove it completely.
Every guard that has worked there for any length of time knew that the door had been broken for a long time.

After I was informed via phone while at the guard shack that I was terminated I became angry and upon leaving the guard shack booted…not kicked…the door out of my way.
I purposely did NOT boot it hard because I knew that if I did…it would probably come right off the hinges.  I looked at the door after I did so and observed that it sustained no damage.

There was a new guard (the guy who replaced me) there on his first night on the job that observed this who had never been in the shack before and did not know that the door had been broken for some time.  To him it appeared that I kicked the door and broke it so he phoned the owner of the security co. and told him this.
The owner himself did not know the door had been in disrepair.  This was something that only the guards who worked there knew about.

Since I was terminated I was to receive 2 final paychecks….one for $492.94 and the other for $59.10 for a total of $552.04 owed to me for hours that I worked.

My former employers were to mail these to me.  
I finally received the checks in the mail……both for $0.00. (a very vindictive act)
I also received a bill from ADM, which read:

“Labor to fix a broken door at ADM’s south guard shack…….$515.09
“Equipment…………………………………………………….$28.00

                                                                                       subtotal:$543.09
                                                                                        Tax:      $27.15
                                                                                     
                                                                                        TOTAL:$570.24

Unbelievable!  They took my pay owed me and charged me this outrageous amount to fix a small wooden door worth probably less than $50 that I never broke in the first place.  I tried resolving this through my former employers and ADM.  Neither would give me my money.
ADM stated that there were signs around the plant that basically say: you break it, you buy it.  I observed no such signs and none were posted in the guard shack.
But I did not break it as explained before.  Even the ADM representative I spoke with thought the bill seemed a little high.
What they should've done is paid me my wages and then sued ME in small claims court for the money.  (which I feel they would've lost)

All of the other guards there agree with me and also think that it’s a farce but none want to say anything on my behalf for fear that they too will be terminated.(which they definitely would be). Nighthawk security is a company that WILL hit you below the belt and likes to fight dirty.
So I’ve decided to file a small claims suit against them for my money as I feel that it’s the best course of action as recommended by the Division of Wages & Labor.

Those guards will be subpoenaed to tell the judge that I was NOT the one who broke the door.
I personally feel that I have a solid case but am concerned that I will miss something.
I’m afraid I’ll show up to court and not have something covered.
Believe me when I say that I am telling the truth.  
I have omitted nothing.
My question for you all (even if you’re not well versed in legal matters) is do you think I have a good case?
I'm asking you guys because you all seem like a smart group of people who will be honest with me as I have been with you.

What are your thoughts and opinions?

Any suggestions?
Title: Re: Off Topic: My Lawsuit
Post by: Dave: Blackeye15 on June 03, 2003, 10:45:06 PM
Get 'im ASHTHECAT.

-the first rule of fat club-
Title: Re: Off Topic: My Lawsuit
Post by: Fearless Freep on June 03, 2003, 10:54:36 PM
I hope you have written documentation that the door was broken prior, ie...a written log or something

Title: Re: Off Topic: My Lawsuit
Post by: Dunners on June 03, 2003, 11:11:43 PM
sue the f**kers. They're trying to scam you hell I hope you get at least $1000 from them, the extra $450 or so would be for them trying to rip you off.

Title: Re: Off Topic: My Lawsuit
Post by: Evan3 on June 03, 2003, 11:33:21 PM
Hey Ash,

I am not sure of the validity of your argument, because as you said, the door had been broken for months, and obviously was never repaired, so I doubt that the broken door would be recorded in any logs that the company had unless you or another guard had recorded it.

The other thing working against you is that the only other first hand witness, will say that you had broken the door. These are the companies strong points.\

I would ask you if the door was ever on surveilence tapes (for tapes provide almost 100 percent proof evidence) to show the door was previously broken. Perhaps there is a tape of the incident. I would also ask an independent claims adjuster to sum up what they thought the cost of repairing this door was, as well as subopeana that guy from the company who told you the cost seemed a little high.

I would also highlight the fact no signs that said break it buy it were posted, but re read your contract, it may be there

If you want, I can forward your question to my father who is a constitutional lawyer for his opinion.

While this may be pessimistic, I sincerely hope you beat those corporate bastards. No one should be allowed to do that.

Title: Re: Off Topic: My Lawsuit
Post by: Scott on June 03, 2003, 11:41:57 PM
I also have done security for the past 10 years and I wish you luck ASHTHECAT. Security is a dumping ground for all sorts of things. They figure you won't be able to fight it both  financially and mentally (un-educated) and think you will pay for their new door just because you are a dumb security guard.  

If you don't mind me asking. What did you get fired for exactly? Do they have something against you personally? The door seems to be to  incidental for them to make a big issue out of it. The subpoena should work for you ASH. I'm sure your co-workers would love to tell the truth under oath. Its not because they are cowards. Its just that they need their jobs. The subpoena will give the excuse they need to tell the truth. I believe you will win this one ASH. Most supervisors are the real cowards.

Title: Re: Off Topic: My Lawsuit
Post by: Ash on June 03, 2003, 11:50:34 PM
Yes Evan...I would appreciate any advice your father may be able to provide.

And no....there are no cameras there.

Supposedly according to the ADM representative, the reason for the high cost of the repair was that they had to re-glue the hinges which took all night to dry.

They charged me for this supposed overnight glue setting time.

That'd be the same as if a car mechanic kept your car overnight and charged you the same rate for fixing it for keeping it overnight.
Title: Re: Off Topic: My Lawsuit
Post by: Paquita on June 04, 2003, 12:49:43 AM
As for breaking the door, I think you're screwed there. However!,  I may be able to help you with the termination deal.  What exactly were you terminated for? And how long after you found out did you receive your paycheck for $0?  I work in the human resources department of a company with about 4000 employees and one of my jobs is terminating them!  If an employee is discharged there are certain laws depending on what state you're from that indicate a time limit of when you should receive your final paycheck  Also, you may be able to get them on the fact that you broke the door AFTER you were terminated, so you were not on the job or even an employee when you did it, so I don't think they can legally withhold pay for that.  You will probably have to pay for the door but it's highly unlikely that it's legal for them to just take the money directly from your pay.  They would have to prove you did it in court and make you pay some other way.

love colleen
Title: Re: Off Topic: My Lawsuit
Post by: Ash on June 04, 2003, 01:11:23 AM
Remember Paquita & Wycked Nick....I DIDN'T BREAK THE DOOR!

It had been broken for many months.



Post Edited (06-04-03 01:39)
Title: wrongful termination explanation
Post by: Ash on June 04, 2003, 01:13:42 AM
Here is the actual letter I wrote to the judge who decided the case for my unemployment benefits which is seperate from the lawsuit that I'm going to file.

Remember...I won the appeal.  Nighthawk Security failed to meet it's burden of proof.

Several months ago I informed my supervisor (Tom) and the company owner (Eric) that I was having problems with several of my teeth and that eventually I would have to take some time off (a day or 2) to have them pulled and also for recuperation.  They informed me that they understood.  On the evening of 3-31-03 I started to feel severe pain around 11 pm while at work.  By the time I finished my shift at 6 am I was in so much pain that I could not eat solid foods or sleep.  I then went to the Nighthawk office a little later that morning and informed Eric that I was going to the dentist and that depending on the dentist’s diagnosis, it would probably be necessary to take the aforementioned time off. He instructed me to call him on the phone immediately following the appointment and let him know.  I then went to the University of Iowa Dept. of Hospital Dentistry that afternoon. (4-1) They took x-rays, performed an examination and informed me that I had a massive infection and that two molars must be extracted immediately.  Since they were booked up solid with no chance of my having the surgery performed that day, they prescribed to me Penicillin and Hydrocodone (a narcotic pain reliever) and scheduled me to come back down for surgery the next day at the College of Dentistry.  They recommended that I refrain from being in the workplace while under the influence of prescription narcotics that first night (because the pain was so excruciating) and also following my surgery the next day.  
I returned to Cedar Rapids, phoned Eric and informed him of what the dentist told me.  I also informed him that I was having the surgery the next day and he said he understood.  Before I let him go, he stated to me, “Be sure to bring your doctors excuses in.”   He also told me that he would find someone to cover my shifts.
I said ok and that was the end of our phone conversation.
By him saying “excuses” (plural) I thought he realized that I was going to be taking the nights of 4-1 and 4-2 off.  After all, I had indeed just told him over the phone that I was going to be having surgery performed the next day.  I left that phone call sincerely believing that I was approved to take both of these nights off.
I mean, he seriously did not expect me to show up at work after surgery the next day on 4-2 with a mouthful of bloody gauze and under the influence of prescription narcotics & antibiotics did he?  
I did indeed take both nights off and spent each sedated and trying to keep the pain away with the Hydrocodone I was prescribed by my doctors.  
Again, I sincerely believed that this time off was approved.  Had there been ANY doubt in my mind as to whether either of these nights might not be approved, I would’ve called him immediately.

    I went to work the evening of 4-3 as scheduled and it was at this time I was informed via telephone that I was terminated.  Eric claimed that he thought I was only taking the night of 4-1 off.  
He was either mistaken or lying.
Judging from our phone conversation the previous day, I felt that I had made my dental situation perfectly clear and do not understand how he could have come to that conclusion.  I told him I had the doctors’ excuses he had requested.  He said it didn’t make any difference.  He stated that I was terminated and that I was to leave the guard shack immediately and hung up on me, thus ending the employer-employee relationship right then and there at that moment.



Post Edited (06-04-03 02:30)
Title: Re: Off Topic: My Lawsuit
Post by: Wycked Nick on June 04, 2003, 01:37:20 AM
will im not sure what to tell you.Even if the door was in bad shape you did kick it and it finally broke because of it.If you can find some kind of documentation or get some other people to support your claims that the door was broke before hand then you may have a case.
Now as for how much the door cost to replace.Over 500 dollars to fix a wooden door is bull s**t.I mean what kind of wood was the door made out of Mahogany?A typical wood door wouldn't cost over a hundred and it would take only about a half hour or so to replace it with a new one,thats hardly amounts to 500 bucks.I would check to finds the company who replaced the door and see if they have records for what it cost and why it would cost so much
Title: Re: Off Topic: My Lawsuit
Post by: Wycked Nick on June 04, 2003, 01:48:05 AM
sorry dude i miss read you  statement i thought it had come off the hinges and had fallen to the ground.In that case then you have a perfectly valid case I would think.You did not do any damage any more serious than what was already wrong with it.And as for firing you after you told him you would be taking off, they were completly wrong to do so.They should have called you on the second day and asked why you werent there.Besides its not like to took a week off just a couple days.
As i said get some fellow co workers to give some statements.
Title: Re: Off Topic: My Lawsuit
Post by: Conrad on June 04, 2003, 05:26:44 AM
Have you considered writing a formal letter to Nighthawk, informing them of your intent to sue them in the Small Claims Court?  You could helpfully include the cost to them of legal representation in the matter, the implication being that:
1) They will lose the case
2)  Losing the case will cost them extra expense on top of whatever they have to pay you.
3)  Bad publicity!  Mud sticks, and the bigger the target the more will stick.

You may also care to write to that Michael Moore chap, even if you aren't keen on him, since this is the sort of case he might write up, investigate or feature on TV - "The Little Guy Gets Shafted But Fights Back" kinda thing.

All the best and let us know how it goes!

Title: Re: Off Topic: My Lawsuit
Post by: JohnL on June 04, 2003, 07:31:23 AM
The only thing I have to add is to ask; Do any of your local news programs have a segment where you can contact them for help? In my area we have things like "Help me Howard" and "The Fox5 Problem Solvers". If so, you might let them know that you intend to contact these people and ask how they'd like to be featured on the nightly news.
Title: Re: Off Topic: My Lawsuit
Post by: raj on June 04, 2003, 03:31:07 PM
You may want to contact an employment atty in your state.  The actual damages you are owed are too small potatoes for an attorney to get interested in (what, helping people, what makes you think lawyers are there to help people), but depending on state law, it might be illegal for them to withhold your paychecks.  I smell some bad faith here on Nighthawk's part, which could get some punitive damages (that's what lawyers go for, they bring in bigger bucks).   Either bad faith or illegal retaliatory action on the co.'s part. The nice thing about small claims court is that (usually) no lawyers are allowed, though you also don't get punitive damages.

Get 2-3 local carpenters' written estimates for fixing the same type of door.
You could also subpoena Nighthawk's records for other lawsuits where they withheld pay (is there a pattern of misconduct on Nighthawk's part, more evidence for punitive damages, does the DWL have other complaints on file about the co.)

Just random thoughts off the top of my head.

Good luck
Title: Re: Off Topic: My Lawsuit
Post by: SkullNinja on June 04, 2003, 03:38:30 PM
I think the employers are in deep s**t. Even if you were at fault, this is an excessive amount to charge for door repair. It's going to blow up in their faces. A lot of judges don't like this type of crap.
Title: Re: Off Topic: My Lawsuit
Post by: Scott on June 04, 2003, 04:00:40 PM
People like Nighthawk never learn

Title: Re: Off Topic: My Lawsuit
Post by: Dolph Lundgren on June 04, 2003, 04:05:21 PM
I'm hardly a lawyer, so any advice that I would have would be useless.  Just wanted to say good luck ASH, I hope you win and really stick it to 'em.  

Nick
Title: Re: Off Topic: My Lawsuit
Post by: The Burgomaster on June 04, 2003, 04:45:58 PM
I'd say you have a lawsuit just on the payroll issue. Payroll checks are not something that should be tampered with and they had no right to deduct anything from your checks. I would report this to the Department of Labor and see what they say. They are usually very quick to act on these kinds of things.