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Thread: Hard lesson learned: Never trust your co-workers.

  1. #81
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    sachem allison's Avatar
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    stuff coming your way, shipped out today.
    I haven't lived the life I wanted, just the lives I needed too at the time.

  2. #82
    Quote Originally Posted by gic View Post
    as I said before take them to small claims court, then their insurance company will pay up pretty quickly I suspect. The argument you make is they didn't properly supervise the dishwasher by allowing him to be on the premises unsupervised when his hours were long since up and his shift and responsibilities long since concluded.

    Anyway that's my .02 :- )
    This.

    The insurance company will not pay to send an attorney to small claims court; the restaurant will not want to send their GM and/or chefs to court for a day, either. Between the two of them, one way or another, you'll likely get paid.

    Just make sure your equipment list is as clearly documented as possible, with receipts and current new replacement cost.

    Still sucks that they might make you go through this.

  3. #83
    Senior Member Duckfat's Avatar
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    Sueing your employer over a knife kit is a really bad idea IMO. Something like that can follow you around your entire career. Even if you did recover $$$ you should never expect replacement cost. Not even your own insurance would cover replacement cost unless of course you paid extra and purchased a replacement cost rider.

  4. #84
    Quote Originally Posted by Duckfat View Post
    Sueing your employer over a knife kit is a really bad idea IMO. Something like that can follow you around your entire career. Even if you did recover $$$ you should never expect replacement cost. Not even your own insurance would cover replacement cost unless of course you paid extra and purchased a replacement cost rider.
    It's a pretty miserable state of affairs if your only acceptable response to being treated unethically is to move on. You, after all, said this:

    Quote Originally Posted by Duckfat View Post
    It's NEVER your fault when some one steals from you. Just learn from the experience. Glad they caught the guy but now that your employer knows your tools were stole from their premises by one of their employes they have no excuse not to compensate you. This is why they have insurance.
    If they're responsible, and inexcusably (your word) refuse to act on that responsibility, he's got a right to use legal means to force them. If they don't compensate him, they've already chosen to act unethically. At that point, what is there to lose? Should he just go away, and hope, "please sir", that the unethical parties won't talk **** about him anyway? If they're going to, they're going to. If they're not, they're not.

  5. #85
    Senior Member Duckfat's Avatar
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    He has a legal right to do a lot of things. Just because some one else has been a douche doesn't mean it's a wise move to take legal action. If he files a law suit you better believe every single one of the Managers, Chefs and cooks will remember that for ever.
    So what is there to loose? His reputation, future jobs, a reference etc.
    You might want to let the OP that in many states when you bring a suit in small claims the defendant has the right to bump the case up to district court. That means his employer will be well represented so then what? Go pro se? Pay $300 an hour with a $5,000 retainer for a petty claim. Rotsa ruck with that.
    Did the employer require him to bring his own tools? Did they have house knives? Is there a SOP against bringing "weapons" to work? A Barrister will look at every angle. Some where along the line you got the notion that his employer will tremble in fear and just pay up just because he files a petty small claims suit.
    Not very likely and most will gladly spend 10x as much not to pay if it comes to that instead of setting a precident for other staff. Welcome to the real world.
    No one said it's fair or it doesn't suck.

  6. #86
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    Here is a link to Maryland's small claim court http://www.oag.state.md.us/Consumer/smallclaims.pdf

    doesn't look lie they can bump it unless the claim is 10k or more (but I'm not a lawyer of course...)

    I think if he talks to the GM and says he was thinking of filing in small claims in order to get the insurance company to pay, it may lead to a settlement...

  7. #87
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    Snowbrother, have you any updates on your situation?
    “I hear and I forget. I see and I remember. I do and I understand.”

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