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Mike Krausman
02-19-2005, 09:06 PM
I signed a “contract” with my former employer in order to get my last paycheck. The way I understood the agreement to be is that this agreement was a promise for a promise and nothing more. If I agreed to stay away from their properties, ( they build homes and apartments) they would give me my final pay check. If they broke their end of the contract/agreement (check bounced or stop payment made), agreement would simply be null and void. If I broke my end of the agreement, they would be entitled to the return of the money I accepted at the time of the agreement. They could probably sue me for return of the money. That’s it! Very simple, very clear.

I did indeed break the agreement but instead of having them come after the money, they arrested me when I showed up at a meeting at the condo complex where I had worked. I was invited by several people and never asked to leave until I was arrested. This clubhouse is open to the public and I was not being a nuisense to anyone.

Do they have a right to stretch that contract that far? Please let me know your thoughts. I spent 2 days in a nasty jail, was humilated in front of 20 former clients and am facing 180 days in jail.

ausi
02-20-2005, 02:36 PM
I don't know all the legalities of your problem, but you can probably get the contract voided. It is illegal to hold a final paycheck...even if waiting for equipment to be returned. They had no right to waive the pay check in front of you in order to get you to sign that contract. I would get a lawyer and ask if they will take payment out of winnings. Take this company to court, have the contract voided, and then take them to town for having you put in jail (I'm assuming for trespassing). Good luck.

elklaw
04-14-2005, 12:27 AM
You need to go see a local attorney. It is hard to really say for sure because we cannot see this "agreement" online. It sounds as if your former employer said that you were trespassing. This is a "he said, she said" type of case, so you would be served to get evidence in writing that can be presented to a judge to show that you were invited, that this was a public place, and that this "agreement" was not subject to any criminal penalty, but only the civil penalty of possible forfeiture of pay. Do not take the words of people that they will testify. Get it in writing.....Local counsel should be able to get this to stop before it spirals out of control.

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