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What is the total amount that you estimate is owed to you?
Good morning: To pay the rest of this year, about $50,000.The money for the last 5 years, about 3-$5,000.00/per year.
Hi! I hope you are still thinking about my question, it's been a couple of hours.Thanks
You have two distinct legal issues here. One is for defamation / slander and the other one is potentially for an employment law claim. Let me explain:
actually let me add a third claim - business intererence
Under the first claim you will need to prove that what was said about you is incorrect (you can bring your calendar to prove that) and that the person said it to at least another person. If you can prove these two elements then generally you will have a cause of action for defamation
Hi, do you mean business interference?
sorry yes typo
thanks,go on please.
Under the business interference theory, causes of action such as this fall under the category of Tortious Interference. These are torts such as as tortious interference with a contract or tortious interference with a prospective economic advantage where one party does something to harm the a potential business relationship of another party. In your case your "employer" essentially interfering with potential business dealings between you and other clients.
lastly, under the employment law you may claim that you are owed money for additional time you worked but I'm not sure how strong your position is. Do you get paid as an independent contractor or via W2? Do you have an employment agreement with the family?
Not sure if you saw my questions at the end: Do you get paid as an independent contractor or via W2? Do you have an employment agreement with the family?
As I stated in my original question, I'm an independent contractor, I'm not issued a W2 and I have no written employment agreement.
the claim for back pay over a 7 year period would be difficult to make. A judge might say that after a week or two if being asked to work more than being paid for you should have left. By staying you in effect agreed to that schedule
ok. So, you like the first two claims and think they're worth persuing?
slander and business interference?
they are in that you need to have your ducks lined up in a row as far as proving what was said and to whom is was said. In addition, you would need to bring exact instances where your employed interfered with potential new clients of yours
the more documentation you can bring the more believable your position would be (dates, names, waht was said, who it was said to, any follow ups you did etc.)
Got it.Several staff members were told and one of the family's friends, a potential client, told me the same story.
to prep your case I would ask the witnesses (via email if possible) as a by the by about the time that they were told not to hire you
that way you have written proof in the even they change their story later on
Thanks so much.One last question; I'd like to spell out my thinking, outline the problem(s) and propose a solution, all in one letter from a local attorney in an effort to avoid initially taking the next step,(file a lawsuit).
not a bad idea especially if it comes from a local lawyer. That way your employer will see that you are serious and will be more inclined to settle
Thanks again,I appreciate your time. First Rate Service!
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