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need some good advice, NC

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  • need some good advice, NC

    Please bare with me, I do understand NC like most states is an at-will employment state. But this is an odd situation that I would like to get an opinion on about what avenues we might be able to go down.

    My wife got offered a job with a company just starting up in Durham. The company deals with real estate management. They're a Canadian based company and offered my wife a job. So after a couple of interviews they offered her a position working in the office doing accounting and collections. They decided on an hourly wage and benefits. So my wife accepted the offer and put in her 2 weeks with her current employer. Now mind you this is very stable job she had been working at for the last 2 years.

    I also accept the fact it should of been a pretty big red flag no papers had been signed up until this point. But both of us being trusting people didn't really make anything of it. The first day went well. Although it was obvious the owners had still been setting up shop and much was still unsettled. My wife was a little worried about the lack of things to do, but heck it was her first day, so she just shrugged it off.

    So today I go to pick her up and get a nasty shock. They let her go on her 2nd day of work. According to the old lady who obviously was the money behind her son's little project, they just weren't ready yet to start business and had no time line when IF EVER she would be able to come back and work for them. (Yes her scum bag Boss didn't have the rocks to let her go and had to let mommy do it)

    This is where it gets good. They cut her a company check and give her 8 dollars in cash to cover the two days she worked. Still no paper work ever signed, no tax forms, no nothing and send her packing. Needless to say she was shocked beyond speech at what just happened to her.

    Just a couple things I think people should know. These people are VERY shady. They're VERY wealthy Canadian Jews. There was one other person working in the office, a secretary. My wife noticed she was also being paid straight from company checks without then even making notes about it. Second thing is the office they work out of was a residential house partitioned off into an office, with the other half being rented out to a tenant.

    Who should we call first? Do we have ANY legal recourse (criminal or civil)? Not a very nice situation... even worse during the holidays.
    Last edited by socket; 12-06-2005, 04:45 PM.

  • #2
    And the fact that they are Candian and Jewish matters how? I, and I'm sure others here will also, resent the implication.

    In any case, without a valid enforceable contract, they were not prohibited from letting her go. It MAY be possible that some type of damages may be payable if your wife could prevail in a civil suit for detrimental reliance. She would have to see a local attorney about that, however. It's not a wage and hour law issue.

    Regarding the pay being from "company checks", that makes no difference. It's company funds. And they work out of a residence? So what? And the fact that she didn't complete any tax forms is irrelevant as well; income tax deductions can be calculated without them. Now, did they deduct any taxes, or does she know? Did she get a stub or other document with the details of the check? And who knows what the $8 was for?

    This is a tough break, I agree. However, if there are any wage and hour violations here at all, the only one I can see would be a failure to provide a statement of itemized deductions from the check, which NC law requires.
    Last edited by Pattymd; 12-07-2005, 02:49 AM.
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    • #3
      Thanks for the responce Pattymd. Really I was just pointing out a fact regarding something that was obvious. I have the utmost respect for Jewish culture, and did not mean to imply the behavour had anything to do with that.

      The $8.00 in cash was because the lady was under the impression she was being paid $12.50 an hour and her son wrote the check for 16 hours at $12 an hour.

      So they didn't deduct taxes at all from the pay. They didn't give her any paper work at all for anything. I'm just trying to paint the picture here that these people don't seem to be following any practices I've seen in a legitimate business. If they are in violation of state labor laws or tax law regarding the operation of their business where would we go to report it?

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      • #4
        I am not Jewish, but I am Canadian, and the fact that you found it necessary to point out something that you find as obvious, but which does not remotely matter to the law, indicates that you DO think it matters, consciously or not. And I find that offensive.

        You can contact the NC DOL with regards to the check stub issue. Other than that, if you still have issues with them, you can go to a non-Jewish, non-Canadian attorney and ask him/her if you have any further issues. I suggest you not talk to any Jewish or Canadian attorneys since it's doubtful they would agree to represent someone who clearly resents them.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Again I thank you for the helpful advice. If I do contact an attorney I'll make it a point not to ask about their nationality and or religious persuasion, as I would never do that anyhow.

          Again I apologize if it seems I was including that information in a pejorative minor. I mentioned the Canadian part only because I wasn't sure if that would affect how we would deal with it. I happen to have a couple of friends who live and where born in Vancouver, BC. As for including the information regarding their Jewish faith, that was indeed not necessary information, and I apologize to anyone that might be offended. The anger and stress the situation caused us might of clouded my judgement in that respect. Not an excuse I understand, that all I can say in my defense, but I'm not a Canadian and or Jew hating person I assure you . =)

          I do thank anyone who has taken the time to read up on the situation and respond. Just very frustrated over the situation and trying to get our ducks in a row.
          Last edited by socket; 12-07-2005, 06:00 AM.

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