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Question

I am being abused in the workplace. What recourse do I have?

Submitted: 32 days and 18 hours ago.
Category: Legal
Value: $18
Status: AWAITING CUSTOMER ACTION
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Optional Information

State/Country relating to Question: Hawaii

Already Tried:
nothing.

Posted by Dimitry Alexander Kaplun 32 days and 18 hours ago.

Info Request

What type of abuse are you experiencing?

32 days and 17 hours ago.

Reply

I work for a small business on a coffee farm. I have been promised free housing on many occasions, including a new house on the farm's property by the owner. Additionally, I live next to (10 feet away) from grain dryers at a wet milling facility in the mean time. The 'boss' has also promised improvements over the last 2 years to no avail. Our household has problems sleeping, including sleep deprevation. I have 2 kids as well, and they are experiencing problems in school with staying awake, and the teachers are contacting me explaining concentration issues while in school. I am constantly tired because I have problems sleeping as well. The 'boss' says that his machines 'pay the bills'. However, I have not had a raise in 4 years. I have been promised a promotion to no avail. Additionally, the boss does quite a bit to break laws. county building code laws, work saftey environment laws, employment laws (never pays on time). Coffee counterfieting, etc.

 

The kicker to this is the boss found out that I have Bi-polar disorder which is under control with the latest medication which hit the market 4 years ago. So far it has worked great and I function quite normally to the point where no-one knows, and I don't feel like I have the disorder. My doctor says I am one of the highest functioning people he knows who have the disorder. However, my employer uses this information against me to pass me over for promotions, talk demeaning to me, cuss at me, tell me that my problems at work are not her problems. All other employers have awarded me with many laudations, and I previously always had good relationships with my employers.

 

I was even promised a new car when I started, which I have never seen.

 

I have been with this firm since Feb 2006. I am currently looking for new jobs in the area, but In the meantime I worry about the kids and my inability to sleep.

 

Many new opportunites have come to the organization for advancement in which they hire less qualified and less experienced individuals to do the job which pays substantially more. If given one of these jobs, I could have saved enough to move out, which they reccomended to me as an option. I am working on it, but the employer does everything in their power to make my life and the kids life hell.

 

Meanwhile they drink champagne, party, drugs, and involve themselves in the activities such as vacations, grandios hotel stays, etc. They hide in their house like Howard-Huges-like hermit.

 

Looking for a way out of the situation

 

 

 

 

Posted by Dimitry Alexander Kaplun 32 days and 17 hours ago.

Info Request

Wow.

How many employees does your employer have?

32 days and 17 hours ago.

Reply

we recently had an OSHA inspection at 1 out of 2 of our facilities and OSHA said that they had 14 employees on file for 2009. The employer also operates a separate corporate identity on the property and hires another 10 employees on that payroll. This way they effectively hide their operations by splitting it into two separate ones that work seamlessly into one. I imagine his helps them stay out of categories which would qualify them for more rigorous inspections and employee responsibilities.

Posted by Dimitry Alexander Kaplun 32 days and 17 hours ago.

Info Request

Yes, it would. Your boss is a smart operator. Are both entities owned wholly and solely by the same person?

32 days and 17 hours ago.

Reply

One of the corporations is operated by, President and Vice President, Husband and Wife.

The other corporation is operated by, the President and Vice President's Daughter.

Both corporations have some type of "ownership" tied to a trust based in the Cook Islands. Which the Husband and Wife wholly are trustees.

 

A lawyer in the city hooked them up with this arrangement to 'protect them' from the people they abuse and bully and of course, the bad business deals they get into every few years.

 

Posted by Dimitry Alexander Kaplun 32 days and 17 hours ago.

Info Request

Smart attorney. The entities are just different enough that alter ego will probably not work to attempt to pierce their corporate veil.

Did you get any of these agreements in writing or were all these oral assurances?

32 days and 17 hours ago.

Reply

unfortunately, These are oral assurances.

 

That is all I have to prove that it happened.

My girlfriend, whom I live with is witness to the housing upgrades promises over the past 2 years, the health code violations, illegal immigration violations (yes, i forgot to mention this.--the boss says that american workers "want too much money and respect, therefore I hire illegal immigrants because they are thankful"), workplace safety violations.

 

** Additionally, I have read in labor laws that provided housing with labr has to meet certain specific standards, I know that the housing I am in does NOT meet these standards.

Answer

Without proof you are not able to do much. You can contact the Dept of Labor for the working conditions, and you can contact USCIS and the local police if he is hiring illegals, and you can contact the local zoning board or take him to court over the inhabitability of your property, but without a written agreement you cannot hold him the new car, the bonus or raises, or any other promises that cannot be substantiated.

I am sorry.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

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Expert: Dimitry Alexander Kaplun
Pos. Feedback: 99.0 %
Accepts: 
Answered: 10/21/2009

Attorney

Licensed in PA & NJ, specialize in business/contract disputes, immigration, estate creation & admin

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