Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

Any solicitors out there?

Discussion in 'The Pub' at netrider.net.au started by typhoon, Jun 30, 2006.

  1. I need one I think. Ex boss is being a complete turd and refusing to pay me my entitlements. Wants me to go in and pick up a cheque which I know will bounce. I also know he wil offer me less than what he owes me.
    He has been saying I was doing cash work, which is totally incorect.
    I need to go legal, to get my entitlements, my super and possibly sue for defamation of character.

    Regards, Andrew.

  2. Thats a real bugger mate.

    My personal view with things like this is to try your best to sort it out before you go down the lawyer route. Once lawyers are involved, they are the only ones who win, not the poor little guy in the middle.

    I'd get in touch with the state government agency responsible. For example, in WA we have the Department of Consumer and Enployment Protection. They are always very helpful and will contact the dodgy employer on your behalf and bring to his attention his obligations and the penalties for not complying.

    The other big + with the government agency is that they are free.

    Try that before going to a lawyer. It might work. They will also go through your options with you.

  3. if you want help why not legal aid? arent they a free legal representation system?
  4. or more specifically, any who will admit it? :)

    sorry to hear it typhoon. just as things were sounding like they might be swinging your way. good luck mate.
  5. Played with legal aid before, useless. Besides, I am too "asset rich" for it at the moment.
    Tried government departments, don't want to help.
    Tried talking to ex boss, fcukwit attitude, telling people I have been stealing and doing cash jobs etc etc...liar.
    Have two solicitors calling me back Monday, but thought I might try and see if anyone here wants the work!
    I have learnt from previous experience that if you try and do this sort of thing teh nice way, you end up with a sore ass and not much else.

    Regards, Andrew.
  6. I'm only a law student mate, (so technically I still have soul) but unless you can show a compensable loss (ie damage to your reputation in a jurisdiction where you had what the court regards as a "reputation") I'd leave suing for defamation out of your plan, it'll cost more than you'll gain.
    As for your work entitlements are you a union member, if so they may be able to negotiate on your behalf (free). Otherwise, depending on your location and industry there may be other cheaper, specialised tribunals available for your type of dispute (google is your friend). These generally either do not require legal representation or actually prohibit it.

    Also if you are suer that he is short changing you with the cheque, do not accept it as that would allow him to mount an argument that you accepted it in lieu of full payment and that that ended the matter.

    If in doubt go see a solicitor.
  7. I won't be accepting any cheque that is not what I am entitled to. I will also be making him sign an agreement that it the cheque bounces, he owes me the amount that bounced plus 25%.
    Of course he wil ask me to sign a statement that I have accepted the amount as full and final payment blah blah, and I think this is where things wil get messy................
    Hence I think I will need a solicitor to chase him up. I have a rock solid case.

    Regards, Andrew.
  8. Gezz what a pain in the you know what.

    Sounds like you've been down this road before, so good luck.

    As for getting him to sign something saying he'll pay you 25% if teh cheque bounces. Why would he sign it?

    But anyway, good luck with the lawyers. Hope it all gets sorted out.

    I'm surprised that your government department responsible was no help, i have found the WA one to be very good.
  9. New workplace relations baby, you are owed nothing, you get nothing and the employer rules.
    Add to this he is stil under control of an administrator and things get difficult for one person without proper knowledge.

    Regards, Andrew.
  10. I am having similar problems with an ex employer. They paid me a chq which bounced for what I am owed. I also still have super not paid from them. I have left the super up to the tax department for now...

    As for the money, the govt departments are so god damned useless its worth bashing my head against a wall. I was going nowhere until I spoke with a solicitor work uses. aparently he can sue on the cheque that bounced and they then have to come up with a defence from that. So maybe there is a god.

    Some employers out there think they are a God upon themselves. I so wish Karma would catch up with them
  11. Hypothectically speaking I may have been owed about $10,000 grand from a bloke I had a small business investment with some years ago.
    He may have come around my place and said he was bankrupt and that he was unable to pay me the money. We may have argued and he may have king-hit me when I was half turned away from him and then he may have bolted for the door.
    He may have got a visit a few nights later from some mates of mine in what could loosely be described as a "motorcycle club".
    They would merely have offered him various options to facilitate the re-payments.
    I may have got the $10,000 grand paid back over the next few months.
    I try to avoid solicitors myself.

  12. The asshats who run my work tried this new AWA crap today. They want to take our 17% holiday loading and in return drop our week from 40 to 38, even though we all work 50+ and dont get any overtime. :evil:

    Dickheads, we arent unskilled and replaceable off the street either, were engineers and already understaffed, they have been looking for another suitable engineer for the last 3 months and cant find anyone good enough who will work for what they are willing to pay.

    So now everyones really pissed with them and are going to start keeping their eyes out for other jobs, and if a few of the best people leave its going to be a trainwreck.

    These moron bosses needed the regulations to protect them from their own stupidity and lack of staff management skills. Pissed off workers produce crap work.
    As if you would agrevate your workforce for 1.3% wage, which people will now demand payrises now that they respect the employer as much as the employer clearly respects them.

    Employer still dosnt rule though, the stupid ones will learn that the hard way and biatch about how hard it is to find good help while they go broke.

    Last place I worked pulled this same bouncing cheques crap, took me 3 months to get the money (12 weeks holidays owed so lots) and he kept sending me these netbank reciepts that he had typed in notepad then blaming the bank for loosing the money.
  13. First up... don't bother with Legal Aid. they haven't got enough money to help people facing criminal charges let alone someone who is chasing money.

    Firstly get him to give you the cheque for what you are owed, even if you know it will bounce. Once it bounces its no longer a dispute about why he owes you money. He is admitting he owes you money by giving you the cheque.

    You then sue him for the bounced cheque. Usually there is a small claims court for things under $5,000 or so. Neither side can be legally represented unless both sides agree. Its designed to resolve disputes without running up legal bills which will outweigh the amount you are chasing.

    A Lawyer will prob write a threatening letter for you but thats about it unless the amount justifies the fees.

    There you go... that will be $250 please :grin:
  14. I'm no lawyer but isn't knowingly paying somone with a cheque that will bounce classed as fraud , or at least it used to be
  15. Bit of an update.
    My fiance and I organised to meet my ex boss this morning at his business. I got a cheque for what I was owed, and he signed a statement to the effect that he owed me this amount, paid by cheque number blah blah, and that if it bounced or had a stop order put on it, he would be liable for paying me back the amount of the cheque plus any extra monies for fees etc I incurred!
    I went to the post office and Giro deposited his cheque into my account, and photocopied the cheque.
    If this goes to solicitors, he is friggin toast.
    I have also had a call from a business and the guy was very impressed with my skills and work history, and is going to have a think.

    Regards, Andrew.
  16. Very pleased to hear all that Andrew.

    I like the reply a few above yours about the hypothetical episode, I hypothetically have some mates who would hypothetically visit a ex friend of mine also... always handy to have mates.

    Will catch up with you soon.