Where to get advice on the law.

session savage

I'm gonna keep this vague cause I dont want to get into any trouble.

An ex employee owes me wages. I'll call him Dick.
Dick told me and all the other employees of his, that his company was closing down and noone was getting paid. He was/is a sole trader.

He lied. As soon as we had all gone (within two weeks), he hired new staff and is still trading. Is this not illegal?

The employment rights authority told him to pay me, he refused, then the sherrif went out and he said he had no money (all the time still trading). The sherrif told me he cant collect anything for me?

I have so many questions and I dont know who to ask. My solicitor seemed to be dismissive and I didnt get any answers there.

I dont know what to do next and I dont know where to go for help, can anyone here steer me in the right direction? I just want some answers and advice.

Thanks

Tom Young

Solicitor should deal with this. www.citizensinformation.ie

Gazzetta

get a second opinion from a different solicitor. ask for recommendations from people you know.

coylemj

Gazzetta wrote: »

get a second opinion from a different solicitor. ask for recommendations from people you know.

Wouldn't this be throwing good money after bad? If the sheriff says that he (sheriff) can't seize goods, what's the point in pursuing this? The employer is probably telling the sheriff that all the equipment and stock is leased or on some kind of credit or deferred payment where it's not legally owned by him, a well known device to frustrate exactly this process.

Unless an agency of the state takes him to court on a criminal charge where he can be fined or sent to prison, I don't see the point in chasing this, it looks like a lost cause, sorry but I can't see the point in going to another solicitor.

drunkmonkey

If he owes you money i'd call around once a week to his house with some friends in the car when he's nice and comfortable with his family.
Ask him upfront for the money every time you call and when he will have the money. He will pay up.
I had this with another let's call him dick I worked for, sheer intimidation and harassment eventually got me my money.
Don't fight with him just be straight and persistent.
Also ring him every day and call him at work every day. He'll be so sick of you in a week you'll have your money.
If he threatens you or assaults he's screwed and the law will step in then.

Be calm all the time, do not get into an argument with this fella.

slimjimmc

drunkmonkey wrote: »

If he owes you money i'd call around once a week to his house with some friends in the car when he's nice and comfortable with his family.
Ask him upfront for the money every time you call and when he will have the money. He will pay up.
I had this with another let's call him dick I worked for, sheer intimidation and harassment eventually got me my money.
Don't fight with him just be straight and persistent.
Also ring him every day and call him at work every day. He'll be so sick of you in a week you'll have your money.
If he threatens you or assaults he's screwed and the law will step in then.

Be calm all the time, do not get into an argument with this fella.

That could so easily have backfired on you, please don't advocate intimidation and harassment either of which could get you on the receiving end of a Garda inquiry.

session savage

Thanks for the replys everyone.
I'm sure he told the sherrif that all his equipment is leased etc, but because he was a sole trader is his debt to me not a personal debt. If so, surely the Dick ownes something. I'ld take the clothes from his back after how he treated all of us.

If I cant get anywhere legaly I wont intimidate him but I will call round and just plain annoy him every day till I get sorted.

drunkmonkey

session savage wrote: »

If I cant get anywhere legaly I wont intimidate him but I will call round and just plain annoy him every day till I get sorted.

intimidate is probably a strong word but keep the pressure up and he will fold, they always do.

drunkmonkey

slimjimmc wrote: »

That could so easily have backfired on you,

How, 4 mates in a car and him at home with his wife and kids, if it backfired it wasn't going to be in my direction.
Nobody should ever have any fear for looking for what's there's.

Gazzetta

coylemj wrote: »

Wouldn't this be throwing good money after bad? If the sheriff says that he (sheriff) can't seize goods, what's the point in pursuing this? The employer is probably telling the sheriff that all the equipment and stock is leased or on some kind of credit or deferred payment where it's not legally owned by him, a well known device to frustrate exactly this process.

Unless an agency of the state takes him to court on a criminal charge where he can be fined or sent to prison, I don't see the point in chasing this, it looks like a lost cause, sorry but I can't see the point in going to another solicitor.

The fact you are sharing your situation on here indicates that you need a second opinion.The sherriff is limited in what he can distrain on. But your ex-employer still has an income and there are other methods of enforcement available. The gardai will treat it as a civil matter unless you can show evidence of widespread fraud. If you can't see the point in chasing I doubt they will. O nly you can judge if it is worthwhile pursuing. And it seems like you have made your decision.