Events that lead to a court date.
Below is the story of what happened in court... Although it seems like if you are summoned to court, it would make sense that there was enough evidence to make the claim. Wrong! A few things I have now learned along the way these past few years. The labor boards "Boli" Is ran by a man name, Brad Avakian, whom is known to be a lier and a crook! Written up several times, however there are no other people running against him. He came into his position in 2008, this is when the labor boards because so injust. Hiring the Attorney to defend the employee, and having the onsite Judge, and dab in the investigator, all employeed under the same roof. No attorney wants to take this case on all claiming "we never win" Why would that be, maybe because they are all coworkers! So if the Attorney says to the judge I think the employer was wrong, she will have alot of pull. They are all having christmas parties together!
The labor board gets a kick back to keep there organization opporating. Because they need to use tax payers money to stay open. With that being said. There was not enough evidence for me to go to court! And because I am a small business that did not have $10,000 for an attorney, I had to fight the state on my own.
We have gone to our state senitor as well as congress, we will expose this agency for the ludicrous practices and ultimately shutting down Oregon.
What happened in court that day.....
Everything with the employee issues, Started a few months before we moved our location. It actually began with one girl that was confused about not getting her tip. She contacted management asking us why the receptionist couldn't give her, her money. The manager and I where confused, We thought she was talking about her actual check. We told her she would get it when payroll came around. She then began getting angry and stated what we where doing was illegal, and she was suing and involved the entire staff. Once we contacted her and asked her what was she talking about, it came clear she wanted the tip her client had put on a visa. We confirmed all tips, paid by visa go on your payroll check. The next morning we spoke to her about it, and she seemed fine and understood, We put her, on call per her request. I didn’t want to just let her go over a complete misunderstanding, I had a lot of time and money invested in her and really didn’t want to see her go. I also wanted her to sort of fix the chaos that had been started the night before. All she needed to do was let everyone know it was a misunderstanding.
We contacted her a couple hours later to come in for a brow wax, she ignored our call to come. I figured she had quit. Clearly she was not coming back.
I think she had created such a stir with the staff. Possibly she was too embarrassed to return. In the meantime she had got another girl from the salon to side with her, Another to walk out, not wanting to be around the drama that was starting. Little by little the staff left.
The girls that left together A & B where the first to sign contracts that they would agree to pay back education, if they quit before two years. I believe A realized she would have to pay back her education and didn’t want to do this, So the best choice would be to file a complaint, hoping I would be wrapped up in court and wouldn’t have time to pursue her for the education.
This employee A worked for me for 10 days, she received over 2500 in Education that she would have to pay back. My belief is that, she felt she had irrationally jump to conclusions over the tip, She had been written up a number of times for different things. Once was about doing personal services on herself, along with being in the back of the receptionists desk. I believe, She decided she would create this complaint, She may have felt she had no choice. She did not want to pay the education back. (what she does not know, is I would never have pursued the education, All I wanted was loyalty to the salon. I had a reputation for education and staff would get trained then leave and open there own places)
I believe she thought it would detour me enough to forget about the education part. I don’t think she even thought she had a case. The second girl (B) , never came into the salon unless called, she was what we called an on call-off site employee. She also had about $2500 in education to pay back. I also believe, she was second guessing whether or not she even wanted to do skin care. She had numerous complaints about her work. I tried to help her, but she was extremely emotional person.
So the paper work from the employment dept would come though our front desk in our new location. It wasn’t a secret what was happening, the staff new I was in this case, cause we talked about how silly it was. (FIRST OF MANY MISTAKES) The spa manager and I would talk about it to our staff, and would give it as an example and would encourage them to come to us with any questions or concerns if they should have any. We would have weekly sit downs and talk about paychecks and performance. Everyone seemed happy, for the exception of the management of the building being so unreasonable, people where often concerned about that, but seemed to love their jobs.
I sent in all the evidence to the state, That they had requested. The investigator contacted Kayla and I in April. He stated it looks like you have everything, and it all looks good. I think we can submit and get a dismissal. It was over.
In May,esthetician (C) (later became the third girl went to the labor boards) She came to me and said she was quitting because she wanted to go work on a farm or something. I was hurt, upset I liked her, She said she would come in if we needed her to for clients, I told her she needed to pay back the education. I had again invested a lot of time and money into her, she got upset. . She left the room and that was the last day I saw her.
October We received the reopened claim, Now including (C) . I was pretty hurt, shocked and in disbelief.
Keep in mind she knew about the case I was already in, As a matter of fact I spoke to (C) alot about it, she rarely was at work because she knew she didn't have to be. We had already hired another esthitican because (C) was never there to pick up walk ins. So When she left, she just jumped on board with the group.
November we sent the papers for (C) to the investigator.
December 24th we shut our doors at 17th street
February, we had a scheduled mediation date, for A,B, C and D (D) Was a girl that worked at our spa for 2 days, and then decided she could not leave Eugene and left the salon.
March, I contacted the investigator of my case to postpone my case, I was snowed in. And when they transferred me to the court room, it was then I realized this was a court case. I thought it was just a mediation or something. I scrambled to find an attorney with only 30 days to go to court, I found an attorney that was more then willing to take this case, He took a $1000 retainer on Tuesday and I had to give him the balance of another $1000 on Friday, in the meantime he was going to get the investigators paperwork from them, because (at the time) I thought I had packed all the files and simply could not find them. The next day the attorney contacted me and said he may not be able to make the court date because he had another case that day. So he said he would contact the court to see if he could postpone the case. I didn’t hear anything from him till Monday. He sent me an email which read, “Hello Kimberly, I am afraid I will not be able to represent you on this case, as you did not fulfill your agreement to pay the second half of the retainer on Friday, I have already submitted my papers removing myself from the case”
I responded. “I didn’t give you the balance, because I wasn’t sure if you could represent me in court. You never contacted me to let me know” He then wrote back “yes we rescheduled for April and I will send the balance of your retainer less my fees.
March 14th, my roommate is found in our house after being dead for 3 days.
Two weeks later is court.
Day of court: I gathered what I could find as evidence which included, pay stubs, ADP payroll, Bookkeepers testimony, and all there signatures on paydays when they collected there checks. I assumed my other evidence would be at the court, Contracts they signed, Payroll outlines, bookkeeper outlines, education outlines, all time off requests. Etc. I had turned it into the investigator. When I arrived in court, they let me know that evidence was with the investigator not the court, I could not use it, I also could not use my evidence because I did not turn it in, in time. So I was with out evidence, with out a lawyer and still in a state of disbelief my roommate was dead. I'm not a lawyer, so I didn't know how to ask the questions, and I didn't know how to testify for myself, when I was given specific orders to form every question into a question. (meaning don't just start talking about what happened) So basically I didn't know how to say "it was not true".
We got a short 30 min break, and my body had gone numb on the left side, and I collapsed.
The STATE OF OREGON gives EMPLOYEES a FREE ATTORNEY, And the owners of a business has to supply there own, I was at a bit of a disadvantage. So when I came in with the time sheets, The reviews (between the manager and employee), and there comments about how much they loved working there, a copy of the blank contract, and the other evidence. At one point the evidence they showed me was a doctored copy of the contract that I could not find, I asked, how did you get this contract? She said IN COURT....... "I stole it out of your office".... And No the Judge said nothing, I guess I was supposed to say something legal, but I honestly didn't know what to say at that point.
I look back at those months now, and I was not in a healthy place. I was scattered and confused and hurt. I had 100 things going at once. It makes sense why what happened. I wish things would’ve been different. These girls get to live with themselves. They where paid! They got all there paychecks. I was just very unprepared and I was doing way to many things and the burden was overwhelming. I didn’t take things as seriously as I should have. I really thought this was never going to make it to court.
One year later I am back in court. Round two, this time, allegedly firing (A) For going to labor boards. As I said before, she did not show up for work. She abandoned her job.
Here I am in court again for what I thought was going to be for allegedly pushing (A) and calling her stupid. First of all NO WITNESSES TO HER ALLEGATIONS. However, here we are in court anyway. May 6th I had received a packet from the courts, I assumed it was the same set of papers I continued to get all through April (remember we have a deadline to turn in papers, April was the cut off time to give me a set and the court a set) I gathered the packet and off to court on May 19th. Upon opening the packet. There where at least 50 additional papers (remember when I was too late to give my evidence? And I had tried nearly a month before I went to court to give the evidence, and was told to bring them in with me and they would decide then). All used in court. WTF? I did not argue because a group of these papers where the text messages confirming that (A) indeed did not come back when called. The case turned out not to be a case about shoving or name calling, it was about a girl that worked for me for 20 days and insisted I ruined her life, and the pain and suffering I had caused her by firing her. AGAIN WTF? Bullshit! It took her exactly 15 hours to turn my business upside down over her lies, and I somehow caused her pain and suffering? Or how about this. She picked up the paperwork the same day for the labor laws, as she did for the pain and suffering case (Set up anyone?) I think so!!!! She claimed she could not function and lost her car, house and had a cell phone turned off. Sounds to me she was already in a bit of a bind to me!!!! BUT Our GOVERNMENT TOOK THIS CASE ON!!! WHY????? If this was any other case they would decline taking it because it makes no sense!!!! GUESS WHAT ELSE HER CLAIM WAS. She stated she could not work for a year (so ad back wages) 18G and pain and suffering 10G, What sort of Government allows this to happen????????
The additional papers she had, included a complete rundown of all her texts that day. As I looked over the paperwork, it was a brand new google voice account she set up to recieve a new number to begin the entrapment. When she first sent the initial text it was from a new number. We verified it was indeed Amber, the texts where very strict and agressive from her, when the spa manager called her to clairify why she was so upset, she told us she did not want to work for us. The spa manager contacted me to let me know, I told her, well have her check ready for her in the morning, when the spa manager confirmed she would do this in the morning, The employee stated "what? I didn't quit. WTF again!
I get if you feel wronged, get an attorney and fight it the way EVERYONE ELSE HAS TO…. Pay for it! But it is as if the Government wants to shut the doors of a business, The labor boards coached her and encouraged her. Before thinking about weather this is just! And not to mention the reputation of the business and the owner is destroyed because of the media! The media actually states they will follow me. What the Hell? I am not a sex offender!!!!
July 30th the papers are going to publish the court ruling..... In the papers that where used they deleted the part of the testimony where it clearly shows the night before, amber quit, then said she didn't. The next day after we asked her to come back for a client she refused to come back to work. Or state is a "con artist" And the minipulate the facts to work in their favor! It still shocks me how this all even happened. But I will have my day in court before a supreme court and other owners that BRAD AVAKIAN and closed down! All so he can get funded. GOOD JOB. I will soon be posting the simple facts like, The staff did not have to be in the salon, they got paid if they had a client and where free to do what they wanted and often where not at work.
And yet as you can see, I can not mention the employee that did this. I can not defile her as she has done to me!
So far there have been countless business closed down due to employees.
1.) One man simple spoke on a private voicemail that he did not want his bar to turn into a "trany bar" Although I do not agree with this, I love me some trannies lol, the punishment was 400G and ultimately shutting his doors. The crime hardly fits the punishment.
2.) A woman didn't even employee these people, she does not have a business, and a woman claims she worked for her, for 45 days. And the labor boards is taking this case on.
3.) a 54 year old man, is without his business as well because someone claimed to work for him and they did not. "Doors closed"
So many more of these stories..... People make mistakes! But people also lie, and prey on others..... And people are loosing everything! What is going to stop this? How many businesses have to shut? At this rate, you can make a career just saying you did something for someone and get paid thousands. When will it stop?