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caitlynsmygirl View Drop Down
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    Posted: 02 February 2007 at 5:48pm
ok im kinda taking a leaf out of jacobsmamas book and asking on here for legal advice, or just advice in general.
Since i want the advice and i dont want to bore everyone to tears by the end i'll try make this sorry story as short as possible
Here goes

i was working as a dental assistant for a guy we'll call Derek, been there for 2 years when a week before i was due for my xmas break he told me he didnt have time to train me anymore,despite the fact that 1) i never have had him train me, i assisted another dentist, and 2) after 2 years i know it pretty well anyway
the real truth is weve just never got along, maybe because i'll stand up to him when i dont think hes being fair on me,ANYWAY, he basically said i can stay but he wont be giving me a payrise etc or he can pay me out 4weeks, in other words being made redundant,though he hasnt given me a redundancy letter.

Obviously i wasnt gonna stick around when i felt so unwanted so i agreed to the redundancy part, now on tuesday my money was supposed to go in and it was $600 dollars less than what it should be, when i asked the practice manager (a 21 year old asian girl with a worship problem where derek is concerned) where the rest of the money was , she said derek had deducted it from my wages cos my DAD owed money from work hed had done.
Now im not 100% sure having never been to law school BUT isnt that kinda illegal? to deduct wages without the persons written consent and the fact that it says nothing about family members in the contract owing money.

My parents, boyfriend,mate that works with him (till after her wedding next month) all think i should ring a solicitor, im not sure if theres any point but i do think it might be good just to give him a fright cos he really does need to learn how to be a better business manager (i mean hello? giving 6 d.as jewellrey boxes and then his favourite 2 an ipod each for xmas?) and i have spoken to him and hes still refusing to do anything about it, and i also think, if he gets away with doing it this time , he might do it to someone else.

Oh yeah and the wa*ker also knows that i pay rent and im a single mum, when he rang i made sure to tell him how much hed screwed me over.

any way ladies, any ideas ?
any would be most welcome

Edited by caitlynsmygirl
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AnnC View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote AnnC Quote  Post ReplyReply Direct Link To This Post Posted: 02 February 2007 at 6:02pm
i would say that he can't do that as you never went guarantor on your fathers behalf (did u?)
Definatel have a case, if you are brave enough i would say to your boss you are consulting your solicitor on where you stand and if he can do it. Normally the threat of some like that is enough for ppl like him to back down if not make sure you follow through with your threat, you can go for legal aid and even if hes found in the wrong he can pay your expenses.
sorry i am no lawyer but common sense in this would see he is in the wrong and you hv everu right to your money.
Ann


Also Mum to Josh (15) and Brooke (10)
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caitlynsmygirl View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote caitlynsmygirl Quote  Post ReplyReply Direct Link To This Post Posted: 02 February 2007 at 6:05pm
nope never went guarantor (sp?) for my dad, yeah i think i should call a solicitor or legal aid or what ever its called , its a little bit scary tho
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miss View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote miss Quote  Post ReplyReply Direct Link To This Post Posted: 02 February 2007 at 6:08pm
You can get a certain amount of free legal advice from the Citizens Advice Bureax. Give them a call, becasue this 'Derek' is full of kaka and deserves a major lesson!
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busymum View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote busymum Quote  Post ReplyReply Direct Link To This Post Posted: 02 February 2007 at 7:17pm
oops you wrote his name - tried to PM you but your inbox is full. (Just edit it out).

You're not responsible, I say call the CAB for starters. It might be best going through the Disputes Tribunal (no lawyers) for that amount since proceedings are very expensive.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote fattartsrock Quote  Post ReplyReply Direct Link To This Post Posted: 02 February 2007 at 7:49pm
What a cockasaurus!
The Honest Un PC Parent of 2, usually stuck in the naughty corner! :P
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linda View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote linda Quote  Post ReplyReply Direct Link To This Post Posted: 02 February 2007 at 8:23pm
DH is a lawyer and he thinks your employer has lost the plot (well, his words were not as nice as that)...there is no way he can do that. Read up the Labour Department Website and they will tell you how to do it (basically via personal grievence with the employment relations authority - flag the solictor, that will end up costing you
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pepsi View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pepsi Quote  Post ReplyReply Direct Link To This Post Posted: 02 February 2007 at 8:53pm
I second going to the employment relations service too, they are really good at getting money your boss owes you, as I have been through them before when I was in high school and had a part time job.
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BaAsKa View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BaAsKa Quote  Post ReplyReply Direct Link To This Post Posted: 02 February 2007 at 9:23pm
Oh this sounds very similar to what happened to me! - i worked for this guy as his second architectural draughtsperson taking over from a young asian girl, for about a month and he was extremely creepy and touchy feely!! he would try to kiss me good bye when i left until i made it clear that he needed to back off and made Hubby pick me up from then on (hubbys is a big 6ft4 giant which is pretty intimidating so i thought it might scare him a little) then after a week he said that they had no more work and hed have to let me go but hed call me when the work came back in so i finished up work at the end of the week then when it came to pay day it wasnt in my account so i went to his house and his son sheepishly handed me a cheque then i took it to the bank and they said it would take 7 days to clear and i thought "WHAT THE F@^*" as i knew that wages could not be withheld like that. It took me the whole day and $30 petrol driving around the city to resolve it but i got my money in the end.
So for screwing me around i wouldnt answer his calls when he rung asking for his computer mouse back then 4 months later i put it into a bag and put it in his mail box!! i know thats immiture but i hate being mucked around, he got what was comming to him!!
I noticed a strange car in his driveway (also his bussiness) everyday after a few weeks and figured he had hired someone else!! then a month later all his signs were taken down and it seemed his bussiness was gone!!??
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bubbaloo Quote  Post ReplyReply Direct Link To This Post Posted: 03 February 2007 at 12:50pm
When I left one of my jobs my boss kept back some of my holiday pay I talked to him first but he wouldn't give it to me. So I got in touch with the department of labour and they got it out of him for me it didn't cost anything either which was great. I would ring them up as you a entitled to that money. Good luck.




Was danni-chick



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Bombshell View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bombshell Quote  Post ReplyReply Direct Link To This Post Posted: 03 February 2007 at 3:16pm
He def cant do that!!! Not unless you and yur dad signed a contract about his bill with *Derek* etc...
I would second the Disputes tribunal but you need to check with the employment tribunal first...hey go him there and not just the $600 but for unfair / unjustified dismissal etc...you have 90 days to do so...

Yep lawyers are expensive..sorry

UMmm my bit - the CAB do offer free advice...but to get any legal advice you NEED to go to one of their free advice nights, where a lawyer will assist but cannot go further than guide you in any event...otherwise all you people relying on the CAB please take what the oldies that work there tell you with a grain of salt and always double check it...I have done my fair share of evening advice and had to fix up what they were told during the week!!!!

Edited by Bombshell
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busymum View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote busymum Quote  Post ReplyReply Direct Link To This Post Posted: 03 February 2007 at 5:14pm
Ugh Bombshell that's not helpful (of them)
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susieq View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote susieq Quote  Post ReplyReply Direct Link To This Post Posted: 03 February 2007 at 9:00pm
thanks for your help guys, i will definetly be using that advice cos as someone said before he is full of Kaka and needs to be taught a lesson

and dont worry busymum, i said we will call him derek, dereks not his real name Haha i can be sneaky too

I'll keep u all updated with the outcomes

xo kelly (aka caitlynsmygirl)
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susieq View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote susieq Quote  Post ReplyReply Direct Link To This Post Posted: 03 February 2007 at 9:01pm
oh no your right! i did say his real name lol i'll edit it now
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busymum View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote busymum Quote  Post ReplyReply Direct Link To This Post Posted: 03 February 2007 at 10:00pm
LOL I was wondering whether you said that to cover up, or what...??? and then I read the next post
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Bombshell View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bombshell Quote  Post ReplyReply Direct Link To This Post Posted: 03 February 2007 at 10:23pm
yeah be careful of CAB....Im always moaning when i send people down to them for simple signings and they still get that wrong...and had misfortune to try and get something signed for me the other day (cant do in house) and overheard advice etc...OMG !!!!! I had to leave!!!

I know they are trying to be helpful and in so many ways they are...but for legal stuff often ring a lawyer and get 10 mins free on phone...we dont mind really and would rather help out there and you remember the lawyer another time than refuse to help out...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jaz Quote  Post ReplyReply Direct Link To This Post Posted: 04 February 2007 at 10:13am
He can not make a deduction from your wages without your written permission. Write him a letter outlining the situation and ask him to pay the amount by a set day (give him about a week). Advise him that if you don't receive the money by then you will seek legal advise. If you don't receive it contact Employment Relations Services and say you want mediation. You will need to have a copy of the letter, your employment agreement and wage slips so you can prove it all. Mediation will cost you nothing unless you involve your lawyer. If mediation fails to get the result you want you may have to consult a lawyer to sue. It will cost way more in legal fees than he owes you though. If you end up in court and win, he will have to pay your legal costs.
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