| Author |
Message |
Dave Wapinski (Davewapinski)
Member
Username: Davewapinski
Post Number: 267
Registered: 8-2001
| | Posted on Wednesday, July 17, 2002 - 8:29 pm: | |
Thanks Danny and Hart!
Art, will have an email to you tomorrow.
Thanks,
Dave |
z. b. (Cheeseman)
New member
Username: Cheeseman
Post Number: 19
Registered: 4-2002
| | Posted on Wednesday, July 17, 2002 - 2:15 pm: | |
new name for the site everyone! www.davewapinskislifechat.com. |
Danny R. West (Dan_west348ts)
Junior Member
Username: Dan_west348ts
Post Number: 218
Registered: 3-2001
| | Posted on Wednesday, July 17, 2002 - 1:20 pm: | |
Dave,
Check with the labor board. I think they handle these kinds of issues. They will get a judgement entered in court for you if you prove your case. I did a simular thing with the labor board in 1994. I won and the other party was made to pay.
Dan |
arthur chambers (Art355)
Member
Username: Art355
Post Number: 528
Registered: 6-2001
| | Posted on Monday, July 15, 2002 - 8:44 pm: | |
Dave:
Drop me an email. If this can be done in Calif, we should talk.
Art |
wm hart (Whart)
Member
Username: Whart
Post Number: 402
Registered: 12-2001
| | Posted on Monday, July 15, 2002 - 5:49 pm: | |
I am reluctant to give you specific advice without knowing whether my firm represents any of these folks. can tell you generally: the threat of "going public" often only works while it is a threat. Once you let the cat out, you may find that your wad hath been shot.
If you think these guys are total crooks, report them to the authorities, but don't threaten to do that first, cause it will amount to extortion and could get you into big trouble.
If you are a corp., chances are you can't represent yourself in your state, but check. You might do just as well to proceed with out a lawyer
and take your chances on 'justice'. Otherwise, just forget it, 'cause you will cost yourself more than that amount of money in anger, angst and diversion from life, when you could spend the same energy productively. |
Dave Wapinski (Davewapinski)
Member
Username: Davewapinski
Post Number: 263
Registered: 8-2001
| | Posted on Monday, July 15, 2002 - 2:04 pm: | |
Request for thoughts, sorry for the length.
I am a fighter, but if there is no or little chance, would rather lick my wounds and move on.
My Nevada corporation was contracted from my Utah office by MidCom in CA, who was contracted by TechSoft in Cincinnati who was contracted by Cincinnati Financial/Cincinnati Insurance Companies/Cincinnati Investments to provide my services for 40 hours a week.
I was suppose to get a certain amount of notice at the end.
I saw CinFin give this amount of notice to others.
While there noticed a few odd things. About a year and a half to two years ago, CinFin had contracted out to Author Anderson Consulting to develop computer systems. They spent $30,000,000 and produced nothing. The local paper in an article brought out that last year all companies in Ohio had spent only $7,000,000 on Author Anderson Consulting. Seemed kind of strange that that type of money was spent with no control.
I was setting up backup systems for new systems. I was told that enough time had to be allocated for two backups to run. I asked why and was told that a second copy was required to be filed with a law firm. No other information.
It was common knowledge that California was threating to withdraw permission to do business in CA unless changes were made in CinFin to include changes in the Board of Directors. CinFin even made some comments about it on the internal web site.
CinFin claimed to be extremely profitable. Yet the most profitable division, Staff Underwriting had problems with response times with a critical program. Other people had tried for about half a year to get a more powerful server which would probably cost $50,000 to $75,000. No luck.
There also appeared to be a fall out between Fifth Third Bank and CinFin. They used to be very close to include owning stock in each other and being on each other�s board. The stock ownership prevented hostile takeovers.
The permanent employee in the next cube had schooling canceled since the travel budget had been canceled.
For a slow developmental server, it took a week to get approval for a $50 memory upgrade.
I felt generally secure since I was told I was working on critical projects and I saw my name on project plans lasting until Sep or Oct. So I was not concerned until the Fall.
In May, they told me they wanted to extend the contract on a month to month bases. I agreed but I brought up the issue of a required notice period. My supervisor Garry agreed to it. To make sure there was no misunderstanding, I emailed Garry a summary of our meeting to include the required notice. Garry confirmed this in a return email. Since paper can be altered, I left these emails in my electronic mail box where they have been backed up on a daily bases to include the copy going to whatever law office it is.
Then in an internal power struggle, my bosses lost and others took over.
Laura, the new boss, told me on a Tuesday last month that they were still considering making me an employee. At quitting time that day, Laura called three of us in and told us that it was our last day. That CinFin had to cut all but the most critical projects due to budget reasons. We would be paid the required time instead of a notice.
One of the three has gotten the required pay, but he had given notice and already had the paperwork signed.
CinFin through the two employment agencies owes me about $13,000.
CinFin has two main buildings plus a third that also houses a branch of Fifth Third Bank and other businesses. Laura�s office is in this third building.
Last Friday, I had to go by the bank; afterward took the paperwork by Laura�s office. I waited outside her office for her to finish a personal call. She signed the papers for $3,000, but said that she did not have authority to sign for the $10,000. She said that Ted her boss was gone for the day, but she would get the papers signed this morning. It was a very friendly meeting.
This morning I got a call from Tech Soft saying that Laura had complained that she had been frightened that I had dropped by her office with the papers and had requested that I be barred from the building and that security look out for me.
I called Kae in charge of contracting. She said words to the effect that I have always been a friendly person. Laura was claiming that she never said that we would get pay instead of a notice. However, the other people at the meeting confirmed that she did say that.
Kae said that Garry and Laura, the two supervisors, did not have authority to make those commitments. However, she was investigating it and would be talking to her boss about what could be done.
She also said that I should be talking to the employment agencies, not to her. It was their legal responsibility.
I feel they are trying to find a reason not to pay. $10,000 is much money.
The person I talked to at MidCom in CA thought it would not be worth it to fight a legal battle.
Could also do a lawsuit or arbitration against MidCom.
If an agreement cannot be worked out, should I fight it?
There are columnists in Cincinnati that specialize in bring to the public�s attention the bad things that local companies are doing. One thought I had was to go to them. Could also bring out my suspicions about unreported CinFin financial problems? However, have to be careful about libel (even if the truth) against people with very deep pockets. However, if outside of Ohio, do not know if it would matter much.
Generally there are state agencies that protect workers. However, as a contractor and involving several states, I do not know if they could do anything.
Generally a $10,000 lawsuit is not worth an attorney�s time. Could this be increased by punitive damages, personal damages, etc. to make it worth an attorney�s time?
I thought that with the standard policy at CinFin, the agreement confirmed in emails, and the agreement stated in front of three people by Laura, there would be no problems.
I was wrong.
This is not my field of expertise. Any knowledgeable thoughts?
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