Old company is suing me for $1900, what do i do!?

05-26-2009, 07:50 PM

Hey guys,

I use to work for a weightloss company as a vendor inside of wholesale warehouse. To clock in I would just text my regional manager. Now the company isn't doing so well, so the CEO decides to sue me for a measly $1900 for something called "time fraud."

-I don't know how he obtained my sister's address, but the court papers were served to my sister's address, and my brother in law signed for it. I don't even live at that address, but my car was registered there because of cheaper tax rates in orange county.

-The paper says that I(the defendant) owes $1939.
a.Why does the Defendant owe the Plaintiff money?
FALSIFYING TIMESHEETS AND RECORDS AND FALSIFYING AMOUNT OF PRODUCT SOLD TO INCREASE HOURLY RATE.

My question to you guys is, what can I do to win this small claims case? What kind of evidence would I have to show to win this? Basically, he is saying that I put more hours on my time sheet than I worked. The company is in Georgia, and I am in Caifornia. Thanks in advanced.

Inspired · 05-26-2009, 07:51 PM

Why did you have to make a new account to ask this question?

Mega Man · 05-26-2009, 07:53 PM

What kind of evidence would they have against you?

IMO, it looks like it would be come a "their word against yours."

im spencer · 05-26-2009, 07:59 PM

It sounds like you do not have much in your defense then a bunch of measly text messages. I dont know how well the merit of text messages will hold up in court, I guess you should of used the time sheets unless texting your boss for your hours is normal practice?

05-26-2009, 08:06 PM

yeah i only have the excel spreadsheets to show my hours worked, theres no vendor sign in at costco, so I don't know how he is going to prove that.

05-26-2009, 08:23 PM

the thing is, some days I wouldn't be able to meet my quota, so I would use my friend's card to purchase bottles and return them another day to meet the quota. After he found out, he was outraged. They(wholesale warehouse) printed out a sheet showing the history of when it was purchased, and when it was returned. Surprisingly, the purchase dates were the same dates I worked. Am I pretty much going to have to pay? I mean, he did not serve me correctly, I do not live at my sister's house nor did I sign for it?

Mega Man · 05-26-2009, 08:49 PM

What evidence do they have to say you didn't work?

Blake · 05-26-2009, 08:58 PM

did you ever talk to someone that worked at costco on a regular basis? maybe you can get them to testify on your behalf.

Citizen Z · 05-26-2009, 09:34 PM

Sounds like you made your bed and now you're gonna have to sleep in it.

Inspired · 05-26-2009, 09:37 PM

Not to be a dick, but you deserve it. I hope you have to end up paying the fine.

shipill · 05-26-2009, 09:39 PM

nice first post

Yoshii · 05-26-2009, 09:39 PM

damn that sucks...

BForbes · 05-26-2009, 10:06 PM

Quote:

Originally Posted by twinturbo335

Why did you have to make a new account to ask this question?

I was wondering the same thing.

amgthis · 05-26-2009, 10:24 PM

Pay up so they shut up

lib · 05-26-2009, 10:45 PM

Quote:

Originally Posted by Gamble215

a.Why does the Defendant owe the Plaintiff money?
FALSIFYING TIMESHEETS AND RECORDS AND FALSIFYING AMOUNT OF PRODUCT SOLD TO INCREASE HOURLY RATE.

Quote:

Originally Posted by Gamble215

the thing is, some days I wouldn't be able to meet my quota, so I would use my friend's card to purchase bottles and return them another day to meet the quota.

So in other words, you were ripping them off and got caught.

I think you should be thankful they aren't taking stronger action against you.

TRZ06 · 05-26-2009, 10:50 PM

Quote:

Originally Posted by Gamble215

Hey guys,

I use to work for a weightloss company as a vendor inside of wholesale warehouse. To clock in I would just text my regional manager. Now the company isn't doing so well, so the CEO decides to sue me for a measly $1900 for something called "time fraud."

-I don't know how he obtained my sister's address, but the court papers were served to my sister's address, and my brother in law signed for it. I don't even live at that address, but my car was registered there because of cheaper tax rates in orange county.

-The paper says that I(the defendant) owes $1939.
a.Why does the Defendant owe the Plaintiff money?
FALSIFYING TIMESHEETS AND RECORDS AND FALSIFYING AMOUNT OF PRODUCT SOLD TO INCREASE HOURLY RATE.

My question to you guys is, what can I do to win this small claims case? What kind of evidence would I have to show to win this? Basically, he is saying that I put more hours on my time sheet than I worked. The company is in Georgia, and I am in Caifornia. Thanks in advanced.

Don't know if you innocent or not, but it is not a simple matter of small claims court, it's called embezzlement, which is a felony.

quagmire · 05-26-2009, 11:17 PM

If this was on fml.com, I would click YDI so many times it would crash their servers......

Mega Man · 05-26-2009, 11:37 PM

Quote:

Originally Posted by Gamble215

a.Why does the Defendant owe the Plaintiff money?
FALSIFYING TIMESHEETS AND RECORDS AND FALSIFYING AMOUNT OF PRODUCT SOLD TO INCREASE HOURLY RATE.

Quote:

Originally Posted by Gamble215

the thing is, some days I wouldn't be able to meet my quota, so I would use my friend's card to purchase bottles and return them another day to meet the quota.

Quote:

Originally Posted by lib

So in other words, you were ripping them off and got caught.

I think you should be thankful they aren't taking stronger action against you.

Good catch there, lib. That's what I get for not reading carefully.

Pay up, you got caught.

Maestro · 05-27-2009, 04:35 PM

First, the papers were served correctly, your bother-in-law should have never sign for them he should just turned them away.

Next, the fact you were buying product yourself and returning them justifies his case.

So were you paid by the hour or commission based on how much product you moved, if you were paid hourly and you can show you were there for all the hours then i do not think they can win. However I suspect you were commission based but you were being paid hourly with the assumption you met sales quotas. So you were making an hourly draw on future commission sales.

I am not sure how much of a leg you have to stand on.

cougfan335 · 05-27-2009, 05:08 PM

I don't think there is anyway they can claim time fraud, but the selling shit to yourself and then returning it is going to look real bad and you might be screwed.

yomama69 · 05-27-2009, 05:10 PM

Quote:

Originally Posted by cougfan335

I don't think there is anyway they can claim time fraud, but the selling shit to yourself and then returning it is going to look real bad and you might be screwed.

I've tried to refrain from posing in this thread, but what I will say is that I've never heard of "time fraud" as a cause of action. It might be something particular to the OP's state or a cause of action that some attorney is trying to have judicially created.

Heinzftw · 05-27-2009, 05:26 PM

WTH were you selling? Can I take a guess? Got Amway? Ahahahaah

05-26-2009, 07:50 PM	#1
Gamble215 Guest 0 Rep n/a Posts Drives:	Old company is suing me for $1900, what do i do!? Hey guys, I use to work for a weightloss company as a vendor inside of wholesale warehouse. To clock in I would just text my regional manager. Now the company isn't doing so well, so the CEO decides to sue me for a measly $1900 for something called "time fraud." -I don't know how he obtained my sister's address, but the court papers were served to my sister's address, and my brother in law signed for it. I don't even live at that address, but my car was registered there because of cheaper tax rates in orange county. -The paper says that I(the defendant) owes $1939. a.Why does the Defendant owe the Plaintiff money? FALSIFYING TIMESHEETS AND RECORDS AND FALSIFYING AMOUNT OF PRODUCT SOLD TO INCREASE HOURLY RATE. My question to you guys is, what can I do to win this small claims case? What kind of evidence would I have to show to win this? Basically, he is saying that I put more hours on my time sheet than I worked. The company is in Georgia, and I am in Caifornia. Thanks in advanced. Last edited by Gamble215; 05-26-2009 at 08:22 PM..
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05-26-2009, 07:51 PM	#2
Inspired Colonel 153 Rep 2,368 Posts Drives: 335i Join Date: Dec 2007 Location: California iTrader: (2)	Why did you have to make a new account to ask this question?
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05-26-2009, 07:53 PM	#3
Mega Man エアーマンが倒せない 292 Rep 2,037 Posts Drives: 2009 135i Join Date: Oct 2008 Location: SoCal iTrader: (7) Garage List 2009 135i [0.00]	What kind of evidence would they have against you? IMO, it looks like it would be come a "their word against yours." __________________ 1ADDICT \| Black Shadowline Grills \| KW V2 \| CP-E Tow-Hook Plate \| CP-E Catback Exhaust \| Tow-Hook \| Evolution Racewerks Intercooler \| ER Charge Pipe \| HKS SQV IV \| ER Intercooler Shroud \| BMS Oil Catch Can \| COBB Access Port \| APEX ARC-8 \| EAS OE Performance Brake Upgrade \| SLeK Carbon Fiber Hood \|
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05-26-2009, 07:59 PM	#4
im spencer Back in the f80 57 Rep 815 Posts Drives: 2016 F80 Join Date: Nov 2007 Location: Pasadena, CA iTrader: (1) Garage List 2007 328i [0.00]	It sounds like you do not have much in your defense then a bunch of measly text messages. I dont know how well the merit of text messages will hold up in court, I guess you should of used the time sheets unless texting your boss for your hours is normal practice? __________________ 2003 SS S2000 2016 MW F80 2018 BMW X3 X-Drive
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05-26-2009, 08:06 PM	#5
Gamble215 Guest 0 Rep n/a Posts Drives:	yeah i only have the excel spreadsheets to show my hours worked, theres no vendor sign in at costco, so I don't know how he is going to prove that.
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05-26-2009, 08:23 PM	#6
Gamble215 Guest 0 Rep n/a Posts Drives:	the thing is, some days I wouldn't be able to meet my quota, so I would use my friend's card to purchase bottles and return them another day to meet the quota. After he found out, he was outraged. They(wholesale warehouse) printed out a sheet showing the history of when it was purchased, and when it was returned. Surprisingly, the purchase dates were the same dates I worked. Am I pretty much going to have to pay? I mean, he did not serve me correctly, I do not live at my sister's house nor did I sign for it?
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05-26-2009, 08:49 PM	#7
Mega Man エアーマンが倒せない 292 Rep 2,037 Posts Drives: 2009 135i Join Date: Oct 2008 Location: SoCal iTrader: (7) Garage List 2009 135i [0.00]	What evidence do they have to say you didn't work? __________________ 1ADDICT \| Black Shadowline Grills \| KW V2 \| CP-E Tow-Hook Plate \| CP-E Catback Exhaust \| Tow-Hook \| Evolution Racewerks Intercooler \| ER Charge Pipe \| HKS SQV IV \| ER Intercooler Shroud \| BMS Oil Catch Can \| COBB Access Port \| APEX ARC-8 \| EAS OE Performance Brake Upgrade \| SLeK Carbon Fiber Hood \|
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05-26-2009, 08:58 PM	#8
Blake Banned 795 Rep 4,647 Posts Drives: Chevy Aveo Join Date: May 2008 Location: Parent's Basement iTrader: (7)	did you ever talk to someone that worked at costco on a regular basis? maybe you can get them to testify on your behalf.
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05-26-2009, 09:34 PM	#9
Citizen Z Alpine Master 115 Rep 1,310 Posts Drives: '08 135i AW Sport Join Date: May 2008 Location: Kansas iTrader: (1)	Sounds like you made your bed and now you're gonna have to sleep in it. __________________ Alpine White with Taupe Leather 135i, Sports Package, Heated Seats, Comfort Access, iPod Adapter Fastness: http://www.1addicts.com/forums/showthread.php?t=252727
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05-26-2009, 09:37 PM	#10
Inspired Colonel 153 Rep 2,368 Posts Drives: 335i Join Date: Dec 2007 Location: California iTrader: (2)	Not to be a dick, but you deserve it. I hope you have to end up paying the fine.
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05-26-2009, 09:39 PM	#11
shipill Major 431 Rep 1,292 Posts Drives: F10 528 Join Date: Jan 2007 Location: East iTrader: (7)	nice first post
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05-26-2009, 09:39 PM	#12
Yoshii Major General 140 Rep 8,649 Posts Drives: 2008 Titanium Silver 335i Join Date: Jul 2008 Location: Corona, Ca iTrader: (2)	damn that sucks... __________________ SOLD-2008 E90 TiAg 335i SOLD-2011 Mitsubishi Evo X 2013 F10 535i Msport, KW V3's with more Mods to come!!!
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05-26-2009, 10:24 PM	#14
amgthis Tire Racks 53 Rep 1,232 Posts Drives: AW 1M Coupè Join Date: Apr 2008 Location: San Francisco, CA iTrader: (0)	Pay up so they shut up __________________ Alpine White 1M Coupè Gone:2006 Alpine White E46 M3 ZCP RIP
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05-26-2009, 11:17 PM	#17
quagmire I am Gundam 197 Rep 1,211 Posts Drives: 2017 Camaro 2SS Join Date: Jun 2007 Location: USA iTrader: (0)	If this was on fml.com, I would click YDI so many times it would crash their servers......
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05-27-2009, 04:35 PM	#19
Maestro Major 1058 Rep 1,268 Posts Drives: 2007 335i Sedan, 2021 X3 Join Date: Nov 2006 Location: Philadelphia iTrader: (0)	First, the papers were served correctly, your bother-in-law should have never sign for them he should just turned them away. Next, the fact you were buying product yourself and returning them justifies his case. So were you paid by the hour or commission based on how much product you moved, if you were paid hourly and you can show you were there for all the hours then i do not think they can win. However I suspect you were commission based but you were being paid hourly with the assumption you met sales quotas. So you were making an hourly draw on future commission sales. I am not sure how much of a leg you have to stand on. Last edited by Maestro; 05-27-2009 at 05:55 PM..
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05-27-2009, 05:08 PM	#20
cougfan335 First Lieutenant 10 Rep 326 Posts Drives: 335i Coupe MT, Montego/Saddle Join Date: Mar 2007 Location: Reno, NV iTrader: (6)	I don't think there is anyway they can claim time fraud, but the selling shit to yourself and then returning it is going to look real bad and you might be screwed. __________________ e92 335i: Montego, Saddle Brown, Burl Walnut, MT, Sport, Prem, CW, PDC, Rear Shade. Mods: JB4, BMS Dual Intake, Cyba Scoops, Beyern Mesh Chrome 19" wheels, 15% F1 tint, LeatherZ weighted shift knob, body color reflectors, Matte black grill with Montego surround, middle lower grill removed, left and right lower grills painted black.
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