Should I sue my previous employer?

Question

I've been working as a part-time leasing consultant for an Apartment community. I also go to college and I'm a single mother. My situation:
The manager of the apartment community demanded that I work every Sunday, which I never did before (I go to school and I don't have a babysitter when I return). Instead of having a sit-down discussion, he demanded that I work every Sunday or quit. So I told him I'd quit and I'd put in my 2-weeks notice. I typed up my 2-weeks notice and faxed it to the regional office and gave a copy to the manager. Upon doing this, he told me he's accepted my resignation for today and told me never to return to the office. He is now refusing to pay me for my commission that I earned up until today. I also rent an apartment at the community I "used" to work for at a 20% discount and he is removing the discount and is adding $100 above the market rate to the rent. Can he do this? I left messages to the regional office and haven't gotten a response. Should I sue?

Answer 1

Anyone can sue for anything, the question is "Will you win?" followed closed by "What would it cost to win?!" Most attorneys require a retainer up front for a suit of around $5,000- $10,000 depending on how much work is involved.

If the commission amount is low enough you can go to small claims court, then all it will cost is a filing fee, so go for it. Each state has a different limit for small claims, you'll have to call the clerk of court to see what is the maximum amount you can sue for where you live.

You absolutely are owed for the commission you earned! As far as the rent increase, what do you have in writing from when you rented the apartment, or were hired?? That's all that matters, the lease or employment agreement you signed.

Last, could you DRIVE to the regional office and see someone in person? Not sure how far away it is, but a face to face is always better. I'm sure they would make sure your pay is correct and with a little persuasion from you make up the 2 week loss in pay. They don't want to go to court, that costs them money. Good luck!

PS- Can you move?? I sure would!! :)

Answer 2

I dunno what is greencaddy's problem, but I think he misinterpreted your question. Considering you never were required to work a Sunday schedule (due to your schooling and child), for the manager to suddenly demand you to work that day without professionally discussing it with you is a bit overbearing. Also, for him to give you the option to quit shows that he was giving you an ultimatum. You did the right thing to provide your two weeks notice considering you were unable to work on a day that you were never required to do when you first worked at the company. It was horrible for him to kick you out and tell you to "never come back". I believe since you're not working there anymore, he could remove your discount, but to charge you $100 above the market rate seems to be out of spite. On top of that, he's not paying you the commission you had rightfully earned while you were legally employed with the company.

If the regional office does not return your calls, you should contact an attorney who could provide you a free consultation and maybe direct you to who can help.

From your profile, I see that you live in Florida, so here's a site that you can probably review:

http://www2.myflorida.com/les/

or

http://www.dol.gov/esa/whd/

Hope that helps!

Answer 3

you should have kept your mouth shut and just worked. Now you will pay more (which is totally legal) and you dont have the benefit of a job. Every thing he has done is legal and you made your own problem by not following the rules. If you are in a state that is an "at will" employer, then he can terminate your employment when ever he wants. By not working, you are insubordinate, and forfiet any commission you had coming. You have no case and will just waste your money. Even if you do win a judgement, it won't be worth the time or money it takes to fight the case. Next time do what you are told, and do what the man says.

Answer 4

Ask an Attorney, maybe Mitigation is best. Litigation is allways an option, with sufficient grounds, but a Practiceing Attorney in your State can answer that one better than anyone. And most Consultations are free. But ask first.

Answer 5

Get a hold of an attorney. They can direct you in the direction you need to go with this issue. I believe it sounds as if you have a case on not being paid what your owed and possibly on him raising your rent higher than others. Not sure if you can do anything about being terminated though. Contact an attorney.

Answer 6

You at least have a case for your earned commission. I would see a labor specialist. If he thinks you have a case, you could probably get something out of them without going to court by threatening them with legal action.

Answer 7

Go to your state's department of labor and file a complaint. Because they didn't pay you everything you were owed, you may be entitled to double the payment; however, I don't know if that applies in the state you live.

Answer 8

Time to see Judge Judy. For Sure. By the way make sure you have everything that you can documented from beginning to end.

Answer 9

Try small claim court.
Also seek legal advise

Answer 10

are you able to sue? particular. are you able to win? distinctive question. the 1st hurdle is proving it occurred. the 2nd situation is proving which you reported the undertaking and it remained unresolved.