Wrongful Termination/ Whistleblower HELP NEEDED

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  #1  
Old 10-31-08, 12:15 AM
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Unhappy Wrongful Termination/ Whistleblower HELP NEEDED

I am trying to help a friend of mine, his employer is trying to pull a fast one. First his employer was being investigated by the Federal government for insurance fraud and my friend had to help them he was not going to lie for his employer. He told the truth and his employer is retaliating against him. First he told his employer he was not going to lie for him and was not going to quit (the feds told him not to quit to let them fire him). Well they sent him a letter in the mail saying he has to leave his home ( which is part of his salary and he is being evicted). The letter stated that he quit weeks earlier (which he did not do). We have people whom we can sepeona if needed that know the truth and one who witnessed his telling his employer "he was never going to quit they would have to fire him".
1. He is saying he quit. He did not.
2. He is being evicted.
3. He was not paid for the last 3 weeks of his employment.
4. They have signs all over the property saying NO TRESSPASSING along with the eviction notices. It looks like a sign sale where he lives and he has not gone to court yet where the judge is supposed to hear the case of eviction.
5. They are going into his house when he is not home.
6. There is no rental agreement and no agreement stating his employment includes his housing.
7. The Feds allowed the employer to get off with a slap on the hand if they dropped there insurance claim so they did and left my friend hanging (approximate $800,000.00).
8. Lawyers want to charge him a miniumn of $5000.00 to start to defend him and go after the employer for there retailation for helping the USDA.
This was not something he started but in the end he is being punished and now has no job no salary, no place to live after 30 days or so for him and his children.
Any suggestion would be so helpful. I know the whistleblower laws and I am not sure that is what it would be called since he was just giving information that he had first hand knowledge of to the Federal USDA agents.
Please contact me with any ideas and or help in this case. We need help fast since the eviction, if it goes thru he will be homeless in just a short time from now. He can appeal it which will help buy a little time but they are not suppose to be allowed to do this.
 
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  #2  
Old 10-31-08, 07:16 AM
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Let's face it. Your friend is not so innocent in whatever is going on here and there's obviously more going on than what you're telling us.
This is a DIY board, not a legal board, and this case sounds way too involved for you to expect anyone here to solve your problems.
Obviously, your friend needs to hire that lawyer or if he's being charged with anything, then he can have one appointed to him for free.
 
  #3  
Old 10-31-08, 11:40 AM
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I have to say you sound very suspicious of my story and that is okay I can back it all up with facts and paper work and names.
He really is not at fault for anything other than doing what his employer told him to do even when he told them they were not doing it correctly (since all along they wanted to file the insurance claim it was cheaper than to hire more workers and laborers). So, yes he is very innocent or I would not waste my precious time on this. He is a nice man who really was a faithful employee for eight years. He does have an attorney but I guess what really gets my goat is that he was made to comply with the USDA and they are the ones who told him not to quit and yet they told him to get a lawyer if he is fired? Hello, has our government forgotten who helped them save the money?
Well if you don't feel you can add anything to this (such as help or suggestions) than I will not come back. To suggest that there is more to it as in my friend is not being honest or that i am not telling the full story (which would take up a web site alone), well your just plain wrong sorry and it is just plain disrepectful. There are not charging him since he informed them they were doing it wrong all along. This is a sad case of a really mean and nasty employer whom will stop at nothing to get him back.
My DIY is about the Eviction which is a separate case all together from the legal charges and whistleblower laws even if they are one in the same (since the housing was part of his pay/ benefits) they have to be done seperately.
 
  #4  
Old 10-31-08, 11:53 AM
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faith
Well, since you stated there was no agreement in writing that the housing was provided as part of his compensation..there's probably not a lot that could be done. No rental agreement or lease probably means something was a little hinky with his occupancy in the first place. I don't mean with him, but the way the company was doing it.

I'm sure with witnesses and statements it could be proven, but thats a matter for a court.
 
  #5  
Old 10-31-08, 01:18 PM
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Didn't mean to ruffle your feathers, but I think his problems are beyond the scope of this forum and I also think he has contributed to some of them.
If the home was part of the job and he no longer works there, for whatever reason, then that's why they kicked him out. He has no rights to the house any longer.
His boss can fire him for whatever reason he wants.
The lawyer wants money because that's his business and he wants to be paid. A store won't give you anything for free either, just because you need it.
He should start looking for another job ASAP. Has he even begun looking yet? He should have did that first thing instead of wasting his time trying to get something out of that employer. It's not gonna happen. Even if it's just temporary until he finds a job he really wants. You can always find a job somewhere if you really need one and if he has kids, sounds like he needs one.
He can rent a room somewhere in the meantime until he has some money for better living arrangements. Better than being homeless. Didn't he save any money at all from this job to tie him over for awhile?
You probably won't like anything I just said, but it might be the best advise you'll get.
 
  #6  
Old 11-01-08, 10:29 AM
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My Feathers are back in place and well preened . Okay now I understand what you are saying totally. The landlord/ex-boss broke into the front door of the house without notice or a phone call. This has not gone to court yet. He busted the lock on the front door.
It is not the idea of getting money from the employer and yes he is ready to move if need be.
The problem is they have filed false claims now for the last 5 years at the tune of $800,000.00 to 1 million yearly. That is taxpayer's money. When you learn someone is killing there crop because it is cheaper than having a good crop and not hiring workers to pick etc. than it is our duty as citizens to do something about it. When you have other farmers in the area so upset they work very hard and this one farmer never gets his hands dirty but reaps much more money due to false insurance claims. What would you do?
Then to get fired for suppling the Feds with documentation of this which they knew he had to have, how is that the right thing to do. I feel he should fight it, these people just believe they are above the law and it is so wrong.
I am the first one to say good for you and be happy for someone who makes out well. I think sucesses are wonderful and I feel very good to see someone do well. But, I do not personally feel that pushing your weight around and treating your employees wrong is Okay. I would think you would agree with this. I also do not believe they had the right to place signs all around is property to embarass him and make him look bad. All he did was what he was asked to do or should I say ordered by the Feds.
I have to help him in some way. I just feel it is for a good cause to help the farmers in the area since one bad apple can ruin it for the rest of them.
My next step is have him go into court and ask for more time just enough to subpeona the witnesses that know he was fired for turning over evidence and he did not quit. I know some will be hostel witnesses since they still work there but it has to be done. We have the paper work all ready for the court and pictures of the crops and farm's in area and there's which is like walking in the woods from hell. Big difference looks like there farm was abandoned and crops as well. While others have beautiful farms growing the same crops. All we can do now is present it to the judge I would like to buy him enough time in that house for him to get his house done. Maybe it will work since it is illegal to fire someone for this.
Enough said I will do my best to help him and do what needs to be done. The more I can do the less the lawyer has to do and it will be cheaper in the long run.
Thanks for all your comments and sorry I brought this on a board that it should not be on.
God Bless
 
  #7  
Old 11-04-08, 12:51 PM
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Read the PA Landlord Tenant laws @ TENANT-LANDLORD HANDBOOK

Without a lease or with a lease that has expired, a landlord can evict with notice at any given time without reason. The landlord is not required to give notice before entering, but can not use this to harrass the tenant. (Take pictures of the damaged door. And, hopefully there were witnesses to the landlord's destructive entry.)

PA is an at will employment state and an employer can dismiss an employee at any time without reason. If, however, the employee was a whistleblower and feels that he was terminated because of this, then it is recommended that the employee contact an attorney who specializes in PA whistleblower law.

Whistleblower Laws

Whistleblower - Wikipedia, the free encyclopedia

Whether fired or voluntarily quit, an employer must pay the employee on the next scheduled pay day. Contact the PA Department of Labor re: employer's failure to pay the employee as well as the PA whistleblower laws. PA Labor & Industry Internet
 
  #8  
Old 11-05-08, 05:52 PM
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Your correct we talked to a lawyer and he said there are two different cases and we got two attorneys for this case one for tenant landlord and one for the whistleblower and go after damages I suppose. Thanks for all your help and I also appreciate the sites. Wish us well! This is going to be a tough one but luckly we have a couple smoking guns.
 
  #9  
Old 11-07-08, 11:16 AM
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Don't forget to contact the Dept. of Labor re: employer's failure to pay the employee. They will likely be interested in an audit of the payroll books to see if employer has been properly reporting and making deductions and payments to agencies like Workers Comp, Unemployment, etc.
 
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Old 11-07-08, 07:55 PM
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I would think that the use of the house could be considered a portion of your friend's compensation. If so, has he paid proper income taxes? This could be a bigger mess than you realize.
 
  #11  
Old 11-08-08, 10:37 PM
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Yes it is a part of his salary. He pays less in rent and took a cut in pay to do it. This is going to be a mess and it is looking better and better for the employee FINALLY! He does not deserve this but we have a few good smoking guns for this hearing just to show it on the record. We hired a court reporter to transcribe the eviction hearing. We just want to show it is retalitory action and witnesses that can say it is, first hand. It is proving to be quite a case the more I investigate it. We are talking a lot of lies these people are doing not to mention the slander. That is what happens when you brag to people to make you look good it gives the other person first hand witnesses. Still looking into all of this there is more stuff as I go and it is incredible how these people are getting deeper and deeper to cover the lies. As I always said what goes around comes around and I think it will be ten fold. There are other employees coming up and asking for help with there stuff (shorted hours, not having insurance while employees are being charged for it etc. etc. I suppose they were all afraid till one comes up and stand up for himself. Now they are all are coming forward.
Will keep you updated. Thanks so much for all the info. All is appreciated. God Bless
 
  #12  
Old 11-08-08, 10:40 PM
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Originally Posted by goldstar View Post
I would think that the use of the house could be considered a portion of your friend's compensation. If so, has he paid proper income taxes? This could be a bigger mess than you realize.
Yes, he has, thanks for asking and good point. It is listed on his check stub.
 
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