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Old 06-22-2013, 08:45 PM
 
1 posts, read 2,408 times
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ok so about 8 months ago I was fired for basically having a bad attitude for being treated like crap after ten years of employment, I could get into details if needed. I was able to draw unemployment and have been collecting ever sense, about three months ago I got a phone call from my ex employer saying on a voicemail if she found out I was working for cash she would report me to the state basically terminating my unemployment. I returned the phone call recorded it basically I told her not to call me again if she had anything to report to call the state and to stop harassing me , well yesterday I started bartending at a local bar working for tips and a very small hourly wage. today she showed up to my job took my picture with her phone we had a bit of an argument in font of customers and basically thinking shed report me saying I'm working for cash even though I have every intention on claiming what I make when I call for my unemployment. I am sick of her crap! she has slandered me to other potential employers and jeopardized my current job that's only seasonal and less than minimum wage. just looking for input.
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Old 06-22-2013, 10:10 PM
 
Location: California
4,402 posts, read 12,398,910 times
Reputation: 3136
What has she done? By what you put in your post, nothing. It is not slander to tell the truth and you were fired for having a bad attitude. Telling other potential employers this information is legal.

As for reporting your earnings to UI or not, the only reason you would have to be upset that she came to your job and took a photo is if you were not planning to tell UI about the earnings.

And, how would she even know where you are working 2 days after you started?

I smell a rat on this one....
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Old 06-23-2013, 12:24 AM
 
Location: Wisconsin
23,460 posts, read 49,994,909 times
Reputation: 18131
Well, I'd be plenty upset if a former employer was following me around to the point she knew if I had a job and caused a scene where I worked. Sounds like that woman is wacko. She needs a psychiatrist.

Small employers tend to get all bent out of shape when they pay UI taxes. Yours is one of them. She's clearly angry you've been collecting benefits for eight months and obviously doesn't have much of a life if she has time to stalk you.

Not much you can do - but if she continues, see an attorney and get a restraining order. And, of course, report the earnings.
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Old 06-23-2013, 12:30 AM
 
Location: California
4,402 posts, read 12,398,910 times
Reputation: 3136
I am still not buying it on this one...

As for the restraining order, I am not sure OP has anywhere near enough to get one granted. There is no privacy from being photographed and the person was in a public location, so unless there are signs prohibiting photography of patrons or employees (which I have only ever seen in restaurants near the studios) she did nothing wrong there either.
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Old 06-23-2013, 12:33 AM
 
Location: Wisconsin
23,460 posts, read 49,994,909 times
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If it happens again, OP is being stalked. What the employer did was outrageous.
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Old 06-23-2013, 12:48 AM
 
11,130 posts, read 15,225,690 times
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Quote:
Originally Posted by thebunny View Post
As for the restraining order, I am not sure OP has anywhere near enough to get one granted. There is no privacy from being photographed and the person was in a public location, so unless there are signs prohibiting photography of patrons or employees (which I have only ever seen in restaurants near the studios) she did nothing wrong there either.
I'm not so sure they can't get a Restraining Order. If the OP can show the former employer entered the establishment soley for the purpose of engaging and photographing the OP, a Judge may be willing to grant a TRO. The OP will need to show that the person entered and based on no other action, specifically targeted the OP. So the ex employer couldn't have been drinking and noticed the OP and did what they did, it would have to be shown the sole and only reason to enter was to confront the OP and cause distress.
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Old 06-23-2013, 01:54 AM
 
Location: California
4,402 posts, read 12,398,910 times
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But, even if this is the case, one time is not enough to get a restraining order. If the employer was showing up at Op's home, maybe...but place of business that is a public establishment...I just don't see the judge ruling for a TRO on this. Could be wrong, but I don't see it...
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Old 06-23-2013, 02:59 AM
 
Location: Planet Woof
3,177 posts, read 3,884,905 times
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OP, keep a log of any contacts by this woman. I'm thinking ''stalking'' for a TRO. Maybe not yet, but eventually.
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Old 06-23-2013, 11:14 AM
 
Location: Wisconsin
23,460 posts, read 49,994,909 times
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Quote:
Originally Posted by thebunny View Post
But, even if this is the case, one time is not enough to get a restraining order.
Of course. Which is why I first said, this:
Quote:
Originally Posted by Ariadne22 View Post
Not much you can do - but if she continues, see an attorney and get a restraining order.
And then, later, this:
Quote:
Originally Posted by Ariadne22 View Post
If it happens again, OP is being stalked.
Even then, TROs, etc. are not easy to get, especially in a case like this, so it's a last resort of sorts. But the effort might be enough to scare this woman - if she's nutty enough to repeat this behavior.
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Old 06-24-2013, 11:00 AM
 
11,130 posts, read 15,225,690 times
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I looked at several state laws on TRO and most do list this as a reason for issuing a TRO. It's as I thought, the ex-employer would have had to specifically enter that establisment for the sole purpose of confronting the ex employee. From what I read, the laws are clear that a former emlpoyer can not go to an ex employees' new place of employment for the sole purpose of harrasing them. That's a big No-No!
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