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Hiya,
I joined a small company at the start of May this year and was supposed to be paid my salary on the last working day of the month. The company was in the construction and had a "1 weeks lie time" system in place.
At the end of the 1st month, I wasn't paid and it took me 4 days to get my money (minus the lie time) and 5 days to actually speak to the MD about it as he decided to stay out of the office during this time.
At the end of month 2, I was informed by my MD on the day I was due to be paid, that there were cashflow issues and I would get paid the next day. I was.
During the 3rd month, I had serious concerns regarding the ethics and financial viability of the company so I handed in my 1 weeks notice to leave.
In the afternokn of the day I was supposed to be paid in month 3, I hadn't received any money. The MD wasn't in the office and the Admin manager told me that no one was getting paid that day.
I tried to contact the MD and eventually got very short text replies saying that I wasn't getting paid that day.
I sent an email and a text message to the MD letting him know that this was totally unacceptable for the 3rd month in a row and cleared my desk and left.
I received an aggressive voicemail and text message from the MD 2 hours later telling me that I wasn't getting paid until I handed my company car back. I went down straight away and handed it back in. I was paid month 3 salary that day and was informed by the MD that I would be paid my 3 weeks lie time money at the end of August. I left the job 2 working days before my notice period ended so I am aware that I breached my contract by walking out but I wasn't prepared to be messed around any longer!!
At the end of August, no money was paid in to my bank by my ex employer. I tried contacting him by phone, email and text but got no response.
I sent a recorded letter to the MD letting him know that it was against the law to withhold salary for the period worked and gave him 7 days to pay.
I received a very strongly worded letter in response from the MD saying that it was his opinion that i was due no money from his company and wouldn't be getting any!!! He then accused me of being continuously late for work, and left early and took excessive time for lunch breaks. The only times I was late for work and left early were the 2 days a week I had to put my kids into and pick up from after school care. This arrangement was agreed with the MD and I workedmy lunch hour to make up for lost time. In the 3 months I was working there, I remember taking my full 1 hour lunchbreak on 2 occasions. The rest was spent eating a sandwich whilst working.
He also alleges that I have been in contact with his clients and have downloaded sensitive data from his server!! These are both completely untrue!!!
He also states that he is dissapointed in the way my employment went and that I never fulfilled the responsibilities that my role demanded!! This is also completely untrue!!
The end result is that he isn't paying me what I'm owed and said the matter is closed and that if i pursue him through the courts then, if I'm unsuccessful, then i will be liable for all of his legal costs!!
I want to take him to the small claims court but I'm wondering if its worth it and where I would stand in this case?
sorry for long story but I thought it was better to put down the whole story so hopefully someone can help.
Any help would be appreciated
I joined a small company at the start of May this year and was supposed to be paid my salary on the last working day of the month. The company was in the construction and had a "1 weeks lie time" system in place.
At the end of the 1st month, I wasn't paid and it took me 4 days to get my money (minus the lie time) and 5 days to actually speak to the MD about it as he decided to stay out of the office during this time.
At the end of month 2, I was informed by my MD on the day I was due to be paid, that there were cashflow issues and I would get paid the next day. I was.
During the 3rd month, I had serious concerns regarding the ethics and financial viability of the company so I handed in my 1 weeks notice to leave.
In the afternokn of the day I was supposed to be paid in month 3, I hadn't received any money. The MD wasn't in the office and the Admin manager told me that no one was getting paid that day.
I tried to contact the MD and eventually got very short text replies saying that I wasn't getting paid that day.
I sent an email and a text message to the MD letting him know that this was totally unacceptable for the 3rd month in a row and cleared my desk and left.
I received an aggressive voicemail and text message from the MD 2 hours later telling me that I wasn't getting paid until I handed my company car back. I went down straight away and handed it back in. I was paid month 3 salary that day and was informed by the MD that I would be paid my 3 weeks lie time money at the end of August. I left the job 2 working days before my notice period ended so I am aware that I breached my contract by walking out but I wasn't prepared to be messed around any longer!!
At the end of August, no money was paid in to my bank by my ex employer. I tried contacting him by phone, email and text but got no response.
I sent a recorded letter to the MD letting him know that it was against the law to withhold salary for the period worked and gave him 7 days to pay.
I received a very strongly worded letter in response from the MD saying that it was his opinion that i was due no money from his company and wouldn't be getting any!!! He then accused me of being continuously late for work, and left early and took excessive time for lunch breaks. The only times I was late for work and left early were the 2 days a week I had to put my kids into and pick up from after school care. This arrangement was agreed with the MD and I workedmy lunch hour to make up for lost time. In the 3 months I was working there, I remember taking my full 1 hour lunchbreak on 2 occasions. The rest was spent eating a sandwich whilst working.
He also alleges that I have been in contact with his clients and have downloaded sensitive data from his server!! These are both completely untrue!!!
He also states that he is dissapointed in the way my employment went and that I never fulfilled the responsibilities that my role demanded!! This is also completely untrue!!
The end result is that he isn't paying me what I'm owed and said the matter is closed and that if i pursue him through the courts then, if I'm unsuccessful, then i will be liable for all of his legal costs!!
I want to take him to the small claims court but I'm wondering if its worth it and where I would stand in this case?
sorry for long story but I thought it was better to put down the whole story so hopefully someone can help.
Any help would be appreciated
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