They fired me because they think I lied on my time sheets. What can I do?

Q. I was fired from my job after working there 20 years. . . . Never had anything but positive reviews. This even happened one month after a cocktail party was given in my honor. Most employees, myself included, were very shocked by this. The reason given to me was that an employee brought allegations against me and they then did an investigation. They claimed that I was lying on my timesheet, which every week I had signed and one of my supervisors received weekly time reports and never had a problem with. They said my logging onto the computer and my car card for coming into and leaving the building parking lot didn't match my timesheet. Now first off my job didn't always require me being on the computer and I wasn't the only one who used my pass. They never showed me any documentation and didn't fire me right away, they sent me home and told me to call back in two days after I thought about it. My termination letter doesn't state the reason for my termination.

I can keep going but will not waste your time unless you contact me. I want to mention just two more things that might that might interest you. The only person that I reported to (I reported to many senior level people) that was consulted about this is going through a divorce (the reason we hear from his home town is that he was caught cheating) and the person who brought the allegations has not been seen since the day I was let go (people have been told she is out on "disability") and second a few days after I was let go this Senior Vice President and the head of HR (the person who let me go) had discussions with lawyers from our parent company (Marsh and McLennan) who came up to our offices. I feel there was a lot behind this and it wasn't that I was a bad employee, I have since gotten letters of recommendations from Senior Vice Presidents and others that I worked for. Please let me know if I have any sort of case against them, even if it is just getting some severance package.

A. It appears from what you've told me that the basis for your dismissal, from the company's perspective, is that you were lying on your timesheet, a fact apparently established by your computer log-on times and your car card times. These records apparently didn't coincide with what you put on your time sheet. Interestingly, you don't dispute your employer's claim that you lied on your time sheet. You only indicate that your supervisors "never had a problem with" your time sheets, that you didn't have to be on the computer all of the time, and that others had use of your car card.

These sound more like excuses than denials, and, reading between the lines, it may be that you weren't entirely straight forward on your time sheets. Only you know the answer to that question for sure, but if your former employer can establish by way of concrete evidence -- such as car cards and computer logs -- that you were not accurate with your time sheets, they had a basis for dismissing you. Unless you had a contract of employment, which included an exception for inaccuracies on time sheets, you are basically an "at will" employee and, for all intents and purposes, can be dismissed for any reason -- or no reason at all. (There are, of course, exceptions to the "at will" doctrine, but none appear applicable to your situaion.) The fact that your supervisor initially had "no problem" with your time sheets is irrelevant if a subsequent investigation establishes that you were dishonest when you entered information on them. In addition, the fact that you let others use your car card -- as you admit in your question -- may be a basis for dismissal in and of itself, as a misuse of company property.

As far as the additional information you provided regarding your supervisor and her divorce, and the person on disability, and the consultation with company lawyers, I'm not sure what inference you want me to draw. All of these facts seem totally irrelevant to the issue of whether or not you accurately report your hours on your time sheets. (By the way, if you did not, and you accepted pay for hours you did not work, that would constitute theft -- taking money from your employer for hours you didn't actually work. If they can make a case that this is what you did, then you don't have a basis for any claim against your employer for a dismissal and you're better off letting it drop.)

The thing is, even if you didn't lie on your time sheets, and even if you know that you can establish that you worked every hour that you claim you did (for instance by timestamps on computer files, and car card records), the fact remains that, without a contract, your employer can dismiss an "at will" employee, with or without cause. While you could file a claim against the employer, it's doubtful that you would prevail.

You did obtain a nice benefit, though. Those recommendation letters will be very helpful in your job search in the future. Make sure you list the authors of those letters as references on your resume. And, when you get your next job, make certain that you keep meticulously accurate time records.

Co-signing a loan? Be careful.....

Q. I co-sgined for someone to buy a car and now they are defaulting on the payments. What recourse do I have so I don't lose my credit rating?

A. This co-signing thing can become a problem if the person you co-sign for stops paying. Unfortunately, when you co-sign on a loan (personal loan, car loan, mortgage, etc.), you are agreeing to be responsible for repaying the loan if the primary obligor on the loan (that is, the person who's taking the loan out) doesn't make their payments. If that's the case, it falls to the co-signer -- you --to make the payments. That's the danger of co-signing, and why you should be careful who you agree to co-sign for. If they don't pay, you have to.

What recourse do you have? Well, to make sure your credit isn't impaired, your easiest solution is to make the payments. Of course, the likelihood is that you're not in a position to make car payments for someone else; you've probably got your own payments to worry about. You could certainly contact the bank or finance company, advise them of the situation, and try to negotiate a better rate or reduced payments, but the likelihood is that you're locked into a standard financing agreement. Actually, your next best step is probably making a personal appeal to the person you co-signed for. If you haven't done so already, contact this person and try to prevail upon him or her to start making their payments. You can try to coax this person, or coerce him, or even threaten that you'll instruct the bank to repossess the car. Of course, even then, you still may be liable for any difference between what's owed and what the repossessed car sells for.

In addition, it's possible, although probably not likely, that there may be some clauses in the agreement you co-signed that might help you, or at least set out the terms under which you must pay as a co-signer. Read it carefully.

Finally, if you do make payments on the loan, the person who should be making them will be obligated to repay you. As a result, you can file a claim against him or her for payments you make that he or she should have made. Of course, if they're not making payments to the bank, it's not likely that they'll make payments to you, but at the very least, you could get a judgment against this person, docket it with the court, and then hold onto it until that person comes into money somewhere down the road.

Good luck.

Those Tricky Landlords....

Q. I just discovered upon receiving my new lease - that my landlord raised my rent last year - slightly more than the 2.5% or whatever was allowed. What should I do to go about getting this fixed?


A. The terms of your new lease may be dictated by the terms of your old lease. It may be that the old lease has an automatic renewal clause in it, which provides for a 2.5% increase (or whatever amount your landlord charged you). If the new rent you're being charged is higher than allowed under the old lease, you should send a simple, friendly letter to the landlord before your next rent check is due, noting the incorrect amount you were charged, and advising the landlord that your rent check will reflect the correct amount of rent due. Keep a copy of the letter, which helps you document everything. The letter also lets you know if the landlord is going to be difficult.

If this is a new lease, and not based on terms in a previous lease, most, if not all, states have certain laws about the amount a landlord can increase rents in a residential apartment or house. If your landlord is in violation of your state's laws, you do have rights and you shouldn't be afraid to enforce them. Of course, you may want to pay an attorney to help you navigate the quagmire that is landlord/tenant law. It's probably in your best interest to run this by a landlord/tenant attorney in your area.

Finally, if this is a renewal, and you can't afford the new rent, you don't have to renew. Of course, you'll have to give appropriate notice under the lease if you plan to leave, and you'll have to find a new place to live as well. But you may have this option, depending on the precise terms of your expiring lease. Read it carefully before you act.

Good luck.

Usher, there are maggots in my chocolate!

Q. My wife and I were out for a movie on Saturday night and we had major problem that occurred at the theater. During the movie, my wife ate some of her Butterfingers Bites and thought they tasted strange. She asked for me to go and get her a new box. When I got to the snack bar (back into the light), much to my horror, I saw that the box was full of maggots. When I approached the manager about it, he took the box, went into the back and returned with 8 free tickets for us. I told him that was ridiculous and had the security call an ambulance to take my wife to the emergency room to see if she needed her stomach pumped. When I asked for the box back (so I could make sure there was not something more dangerous in the box) he asked me "what box of chocolates?" After much screaming, he said he had thrown them away and had no way of locating them. You can imagine how upset I was getting. It took the insistence of the police and the EMT on the scene to eventually get the box back.

The manager emptied out the maggoty chocolate but could not shake all the bugs and nests out of the box. This was at a Loewes theater, not some little rinky dink place. My wife proceeded to have to spend about 2 hours in the emergency room and was given a medication similar to that given before a colonoscopy to clean her out. You can also imagine how pleasant her next 2 days were spent in our bathroom.

One of my biggest problems was the fact that I repeatedly told the manager at the theater that my complaint was not with them but Nestle and to just please help us and return our chocolates. He kept saying he didn't know where it was as my wife begged him through her tears for help. I have the box now, as well as pictures and videos of the maggots crawling out of it, I have the hospital record, and I am going to the police to get the official report from the night. Everyone who looked into the box was horrified, from the shift supervisor up to the head of the security company present.

Please let me know if I have a case here. I really feel someone has to be held responsible not only for the quality of the product but for the poor behavior of the manager on duty that night.


A. You want to know if you have a "case" here. Now, I'm sure you're a nice guy, but this whole things sounds like one of those potentially frivolous, get-rich-quick kind of claims that gives lawyers, and litigants, a bad name. (These are also the kind of claims that I detest, as is evidenced elsewhere in this blog.)

Don't get me wrong -- I'm sure your wife was shocked and disgusted to discover maggots in her chocolates. But let's be honest. After reaching into a box and hitting the first squirming Butterfinger Bite, any reasonable person would have at least stopped eating, and most folks would hold the box up to the light to examine it. Because of that, your histrionics about the box at the theater, and the trip to the ER appears (to be kind) excessive, at best. (And, by the way, there's an open question about what other "dangerous" things may have existed in the box that compelled you to insist on its return to you.)

In addition, with the prevalence of reality shows like Fear Factor and Survivor showing folks chowing down on everything from worms to duck embryos, you would be hard-pressed to convince any jury that there was any actual physical damage from an encounter with a couple of maggots. That, of course, is the key to any lawsuit. What are your damages? To succeed in a lawsuit, you have to have damages. The ER bill? Maybe, but that was probably covered by insurance (assuming the trip was necessary, which you'd also have to prove). The medication? Again, insurance. Some psychiatric claim? Well, is your wife receiving ongoing treatment? Medication since then? I mean, even if she's a bit squirmy about eating chocolate in the movies, I suspect she'll get over it, so I doubt there are any actual psychological or psychiatric damages.

I'll give you the benefit of the doubt here, and assume you've got some legitimate gripes. Stale, insect-riddled candy certainly stinks, especially at theater prices. But, they offered you at least 80 bucks in movie tickets on the spot, which ain't too bad, all things considered. Was the manager a jerk? Probably -- but he was probably concerned you were sue-happy, and didn't want to face a potential lawsuit (and it appears his fears will well-founded, no?)

You mentioned a claim against Nestle. Its defense will be that, once the candy is in the theater's hands, Nestle was no longer responsible. (And, once again, you have that sticky issue of proving actual damages.) If, for instance, the theater is bug-infested, how could Nestle be liable for that?

What can you do? First, suck it up and shake it off. In my opinion, your best bet is to write a nasty note to the theater and demand the free movie tickets, and a note to Nestle and request reimbursement for any out-of-pocket expenses you might have. You'll probably get the theater tickets. You might also get lucky and get some free chocolate from Nestle. I wouldn't expect much more.

Can you file a lawsuit? Sure. You can sue anyone for anything. The more important question, which is what you're really asking is: Can you win? The truth is, you might possibly get some nuisance money, but that's only a possibility. (If I'm defending this case, I make you prove your damages, but that's just me.) Me, personally, I'd write the letters, and move on.

What to do when your boyfriend's wife won't agree to divorce him.

Q. My boyfriend is still married. He got married about 4 years ago and is now trying to get a divorce. He and his wife were married in [one state] but now she lives in [another state]. She will not agree to divorce him. They have no kids together. Is there a way of getting his divorce annd her not knowing about it or is it something that they both need to do together?



A. There are ways to get a divorce (and, in some states, dissolutions of marriages) without the other party being present. For instance, one party can allege something like "abandonment" and, after a set period of time (which is different in every state -- New Jersey is 18 months), the court will enter an order of divorce. Of course, issues like alimony, division of property, child custody, and that sort of thing, cannot be easily sorted out or resolved if both parties are not present. This could make things difficult if your married boyfriend wants to sell the marital home (or have you move in). If his wife objects, it could get ugly, because she has an interest in marital assets, like the home, cars, and other property, that she can exercise even if she doesn't consent to the divorce. The guy you're seeing will most definitely want to consult with a lawyer who specializes in family law in the state in which he's living so that he can explore his options.

One more thing, which is completely outside the legal issue you raised, but it did pop into my head. Now, you are obviously much more familiar with the situation than I am, so I won't presume to know the back story of your relationship. However, I would suggest that you assure yourself that the guy you're seeing is really actively interested in obtaining a divorce, and not just feeding you a line. Believe it or not, some guys actually claim that they wish their wives would consent to a divorce but she's just not willing to do so. This makes it easy for the guy to step out on his wife without having to lose the "security" of his family while at the same time giving the guy the chance to have a girlfriend on the side. Don't get me wrong. I'm not saying that's what this guy is doing; I'm just saying.

Best of luck to you.