Can employer hire if I was laid off due to no money?

yop

Folks,
You might be able to give me some heads up on this.

Worked for a company for 3.5 year.

A year ago money started drying up so he went looking for funding and trying to get sales. Looked good for the propects of both and few deals looked like coming in so I waited.
The backlog built up to the state that I was owed a lot of euro, I had to make a decision to get a few days work else where so I got 2 days somewhere else and 2 days with the other place to keep things ticking over.

This went on for about 8 weeks where the money was meant to be paid up and paid up, in the end I asked to be laid off so that I could claim my dole for the other days, he agreed and signed it "temporary lay off due to lack of orders"

Anyway, I managed to get work on the other 3 days so I am working 5 days.

The money hasn't been paid, total 14k euro owed.

He emailed asking me to come back, I said I couldn't as I hadn't been paid and didn't want to increase the amount I was owed. He said he needed someone to do the work, I said sound pay me my money and I will go back.
He didnt' and hasn't.

I now discover that he has hired someone else in my job. He still owes me and 3 more employees salaries for the last 5 months, has paid none of us, but has now hired someone in my place when I am still owed.

This sounds awful suss, what do you think.

Riskymove

yop wrote: »

This sounds awful suss, what do you think.

is the new person being paid?

yop

Riskymove wrote: »

is the new person being paid?

Thats a good question, I am sure they are under the impression that they will.

Have to say its extremely infuriating. :mad:

yop

MAybe I should be in Work Problems with this one?

the_syco

As the saying goes, "you have to spend money to make money". It seems your employer may have gotten a job, but needs staff to get it done.

Or it could be another fantasy job that may lead to nothing.

I'd go legal, and get money off his whilst you can - sounds like this person will drive the company in the ground, and a few feet under, and leave you without any money.

yop

I think you are correct about the legal route, NERA have been onto him and visited him but he ignores them and when their back is put up they are totally toothless.

God help the new employee, I hope they realise they won't be paid.

Dublin_Gunner

yop wrote: »

I think you are correct about the legal route, NERA have been onto him and visited him but he ignores them and when their back is put up they are totally toothless.

God help the new employee, I hope they realise they won't be paid.

Solicitor & sue for money owed to you.

Should be easy enough to prove (do you have clock cards or proof of work done or anything?).

I'm not sure about the legality of him employing someone else to get the work done - but I'd say he's ok in that regard.

Even though he couldn't pay you, you asked to be laid off for the 3 days to work elsewhere. He needed someone to work, you were offered, didn't take it, so he employed someone else.

I would write to him, giving him say, 21 days to pay in full what is owed to you (and be clear on how much is owed to you for what work) or you will have no choice but to resolve the matter legally.

If that doesn't get him to pony up, then go to a solicitor and get advice.

yop

Dublin_Gunner wrote: »

Solicitor & sue for money owed to you.

Should be easy enough to prove (do you have clock cards or proof of work done or anything?).

I'm not sure about the legality of him employing someone else to get the work done - but I'd say he's ok in that regard.

Even though he couldn't pay you, you asked to be laid off for the 3 days to work elsewhere. He needed someone to work, you were offered, didn't take it, so he employed someone else.

I would write to him, giving him say, 21 days to pay in full what is owed to you (and be clear on how much is owed to you for what work) or you will have no choice but to resolve the matter legally.

If that doesn't get him to pony up, then go to a solicitor and get advice.

Thanks ya, loads of paper/email trails.

The thing though, I had to leave to take a 2 day a week contract because the job i wasn't in couldn't pay me.
I was then laid off with the other employee "due to lack of orders" and he could pay us or give us a time when he could pay us.

Then he decided 2 weeks later that he had funding and asked me to come back.
Since I was at that stage 14k in debt, I couldn't take the offer as I was owed so much and I couldn't afford to add to that debt.

IF he had paid me my money, I would have gone back.

So he has replaced me, who he laid off because he couldn't pay and still hasn't. So I am not sure if it is legal.

Its a tricky one.

Dublin_Gunner

Ya see that's the thing, I'm not sure he's actually done anything illegal - stupid yes, immoral, yes, but illegal?? I don't think so.

This is why you really should be seeking legal advice - he owes you a LOT of money.

yop

He has been sent one last email on the money from now.

IF the response isn't what I want then I will be onto solicitor in the morning.