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MikeB35 last won the day on August 12 2019

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About MikeB35

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  1. Congratulations are in order for you! Do not slack off from here, keep the momentum!
  2. Hi all, OP's wife here. I have just read through all of the comments on this post and I'm going to respond to save my husband the time. While working for my "employer", I was given tasks that had to be completed by certain times throughout each day. Some required immediate work, others were things that needed to be completed "later". I used only her equipment (with the exception of my phone, which the DOL said is not unusual). I had a company credit card with my name and the name of the business on it. I worked from home during the beginning of the week (when other staff was on location and my
  3. Yes, she has every clock in, and clock out ever recorded in an excel spreadsheet. That is how we were able to come up with the 2k loss.
  4. @WhoCares1000 I will confirm this tonight with my wife. I may just ask her to keep up on this post. Thank you for offering another take, as well as great information!
  5. That is a very informative article, thank you @WhoCares1000!
  6. This is a great question, thank you for that. She did use all of her bosses equipment, credit cards, systems, pencils, post-its the whole nine. When it came to hours I cannot answer on her behalf, from my observation, say my wife would start work at 9 am. If it was 7:30 and her boss needed something done, i.e. entering information into the system ordering or whatever, she expected my wife to do it RIGHT NOW. I honestly should just have her take over the thread to better explain it then me. Yes, I totally understand this. We are not trying to "take down the man" if you will. At the end
  7. I thank you all for weighing in on this. I completely understand that there is a lot of grey area in this situation. I want to be very clear this is not about being vindictive and there is no malice behind this. It comes down to if the state or whoever decides she is an employee or not. My wife did speak to a lawyer, this lawyer said she has a VERY strong case, and said he would represent her at the employers expense. I know a lawyer will say anything for the business/money, anything to line his pockets. He did send a letter to my wife's employer, she had her lawyer respond with a very nasty,
  8. My apologies, I wanted to keep it very brief so that in any case this was in the wrong forum It would be directed and I could explain things a little better. So I will do the best I can as the middle man to paint the picture of the situation as then go from there. My wife began working for a woman as her personal assistant, this woman sold cloths online like Facebook etc etc. Lu laroe or whatever those stretch legging are..lol. This job enabled my wife to have a flexible schedule like working from home, and when needed to drive up and stay at this woman house to work. Shortly after workin
  9. Before I get to in depth with this thread I would like to first and foremost make sure this is the correct venue/board. I will briefly describe the situation and if its ok then I will keep it here. Please let me know. This is taking place in Michigan so right off the bat I will ask for any insight from @Brotherskeeper Very short version is my wife worked for a woman performing various tasks, traveling 1 1/2 hrs to her house. She worked for her for over a year, from the beginning this woman told my wife she will be a (private contractor) not an employee. From the very little research
  10. I had to point this out in my case against LVNV. Everything they did was late, so I had to point that out to the judge. In turn, because I pointed that out, he had no choice but to allow my motion to reply. It works out well when you hold the other side accountable on the record.
  11. My apologies Ryan, it was more an assumption on my part. It was not my intention to steer the OP in the wrong direction. I will take note and in the future I will use caution when responding to posts. @heyitsjamieMy apologies to you as well!
  12. The first thing you are going to want to do is identify the Card member agreement for this debt. I could be wrong on my dates, but I believe Cap1 removed arbitration in 2010. Be advised that if your agreement does not have the arbitration agreement, there is a very big chance that you will have to settle the debt. I know, this is not what you wanted to hear.. however it is best you prepare now, rather then last minute. If however, you do have an arbitration agreement, the situation is more favorable for you to pull out a win. Please take a moment when you get home from work, or
  13. @felisfanaticus Welcome to the community, if you could please make it easier for you and everyone else start your own thread. It keeps things streamlined and organized that way. Thank you!
  14. Just as Harry stated, you can not be sued again, however they have enough with their judgment to persuade the judge to take further action. It may be in your best interest to setup a payment plan that works for you, if you can. It would be far less stressful to pay them rather then them taking a much higher payment right from your bank account. Best of luck, I hope you can come to some sort of middle ground with them.