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What can I do? I've tried talking to attorneys, SBA (Small Business Ass.) , DOL (Dept. of Labor), NO ONE SEEMS TO CARE!

White Heath, IL |

My boss is walking ALL over me...denied me Group Health Insurance - has one CSR staff on Group Health Insurance but refuses to add me....I work full time and manage an office for him. Doesn't take taxes out every check - gives me commission checks with NO taxes at all taken out. W2 income is incorrect - checks given to me for the year for salary and commisssions do NOT add up to his W2.. Doesn't supply all necessary supplies for office - doesn't pay for ANY cleaning or necessary supplies to run this office..ie: Paper towels/toilet paper/garbage bags/windex/vacuum cleaner etc. I'm NOT reimbursed for my expenses to maintain this office. Filed a false Insurance Claim. Signs clients names. City violated him for Sanitation Violation...NO GARBAGE SERVICE...had gnats in my office for 3 monts

Attorney Answers 4

Posted

Although you have said a lot your question, this online form doesn't provide for giving the background facts that are necessary to fully understand your situation. However, there are certain things that should be looked into by an experienced employment attorney.

The health insurance issue may implicate ERISA. If you are part of the group, you probably have the right to join in the health insurance plan.

The tax situation raises federal and state tax code issues, and Department of Labor wage and hour matters.

The employer doesn't have any obligation to you to provide necessary supplies – as long as he does not mind you not getting the work done because there were no supplies to do it. I don't recommend you spend your own money on "maintaining" your office (TP being the sole exception). But that is up to you.

As to the insurance claim, let him dig his own grave; unless the false insurance claim implicates a violation of the law – in which case you can whistle blow to the Department of Insurance, or the false insurance claim implicates you – in which case you need to whistle blow to the Department of Insurance.

I'm not sure I understand the "signs clients names." comment, but generally it doesn't involve you. If it appears to be in violation of the law, you may wish to whistle blow.

As to the sanitation, call OSHA.

Before you do anything, however, as noted above, really should sit down with an experienced employment attorney. Most of the issues above, need more explanation. That is best done face-to-face.

Another legitimate choice, however, is to simply start looking for another job, and when you get one thank your lucky stars. Good luck!

If you found this Answer to be helpful, please mark it as such. Remember, however, free advice is worth every penny you paid for it. This is only generalized commentary on your question. It is not to be taken as legal advice. I am a lawyer – but not your lawyer! Even "in person" interviews leave attorneys with plenty of questions – the Internet makes it crazy! Thank you Chuck Watson 217.544.6165

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2 comments

Asker

Posted

THANK YOU!! I have finally found someone that listened!! I have looked into the ERSIA law...and according to everything I have found, he is in violation. Is this something that your office would be interested in? I do have the proof to back up my statements.

Charles Shinkle Watson

Charles Shinkle Watson

Posted

feel free to do the employment intake form on my website - listed in my profile

Posted

So you spoke with an employment lawyer, they advised you that you had a good matter and they would assist, you then paid them, and they did nothing?

This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.

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Asker

Posted

All the attorneys (3) I have spoke to just direct me to Dept. of Labor, or Small Business Assoc.....it appears they are only listening to certain issues....either payroll or healthcare....they don't get the whole picture. I have called Dept of Labor and Small Business Assoc. they haven't helped me either.

Robert John Murillo

Robert John Murillo

Posted

SBA has no authority on this so I have no idea why they would tell you to contact them. As to what you can do, you can start to learn the law and see if you have a case and then file it. Good luck.

Asker

Posted

Thank you. SBA was given to me because he has less then 50 employees. I have researched the law regarding the Group Health Insurance and he is in violation. But I can't find anyone to represent me. I don't believe I have the expertise to do it pro se.

Robert John Murillo

Robert John Murillo

Posted

You're welcome and good luck.

Posted

You need to call a few employment lawyers preferrably in your county that represent employees (many just work with employers so make sure you check their websites well).

You will likely have to pick one you like and pay them for their time to go over everything with you. Obviously, if a case exists they will be able to help. In some instances they may agree to work on a contingency, but it depends.

Most of us here offer a free phone consult and you can search for lawyers by going to the "find a lawyer" tab located above on the tool bar.

Best regards,
Frank
Natoli-Lapin, LLC
(see Disclaimer)

The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 Support@LanternLegal.com DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Posted

Have you spoken to any employment lawyers? Have you considered looking for a new job?

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Asker

Posted

Yes, I have consultated Employee Lawyers. I have looked for another job, however, I can not find one that pays as well as I currently receive, and the fact that I have been in the Insurance Industry for 20 years and he has a 5 yr after termination "Do Not Compete". I am really in fear for my clients should I leave....its a "moral" ethical issue for me as well.

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