COURT DATE SET

psalbmb

I'm in the process of bringing my employer to court for 2 seperate claims. However the manager, not the owner, rang me the other day and wants to meet up for a "casual chat" to see what the story was in relation to ONE of the claims. He didn't mention the other one. so my question is, should I go or not? Is he just trying to get information out of me or prehaps offer me a settlement? Any suggestions are most welcoming thanks guys .

* Just to note, am I the only one who thinks its weird that the Manager wants to meet me alone, and that it was him who contacted me, not the owner??

Predalien

psalbmb wrote: »

I'm in the process of bringing my employer to court for 2 seperate claims. However the manager, not the owner, rang me the other day and wants to meet up for a "casual chat" to see what the story was in relation to ONE of the claims. He didn't mention the other one. so my question is, should I go or not? Is he just trying to get information out of me or prehaps offer me a settlement? Any suggestions are most welcoming thanks guys .

* Just to note, am I the only one who thinks its weird that the Manager wants to meet me alone, and that it was him who contacted me, not the owner??

Do you have a solicitor? If you do, then tell them about the request for a meeting. If you don't, ask the manager to set out the parameters of the "casual chat".

im invisible

Go, see what he has to say

Sin City

Bring an independent witness to the meeting

ABajaninCork

If there's a court process going on, then surely it's common sense NOT to go and to inform your solicitor?

Or am I missing something???

ResearchWill

ABajaninCork wrote: »

If there's a court process going on, then surely it's common sense NOT to go and to inform your solicitor?

Or am I missing something???

I am assuming based on this being employment and previous posts by OP that this is a non court hearing I assume EAT, then there is no need (in fact they try and make it a lawyer free zone) for solicitor to be involved, again from previous post by OP I believe there is no solicitor on record.

Esoteric_

If you don't have a solicitor, I'd be inclined to tell them you are unavailable, but can be reached by e-mail. Either that or bring independent witnesses, as advised. I did the email thing in the past, which ended up helping a lot.

tricky D

Imo there's no such thing as a 'casual chat' in this situation. Get legal advice/backup for any interaction.

psalbmb

tricky D wrote: »

Imo there's no such thing as a 'casual chat' in this situation. Get legal advice/backup for any interaction.

can I record the conversation? with or without his consent? and Yes, I've as of yet, No solicitor, I'm representing myself at the moment. My mother wants to come, is that a bad idea? lol

Procrastastudy

psalbmb wrote: »

can I record the conversation? with or without his consent? and Yes, I've as of yet, No solicitor, I'm representing myself at the moment. My mother wants to come, is that a bad idea? lol

You can record it - whether its allowed in as evidence is a different story.

Are you seriously considering taking your mother with you? How old are you, 15?

Just to say I think conducting any of this without legal advice, especially this meeting, isn't a good idea to put it mildly.

tricky D

psalbmb wrote: »

can I record the conversation? with or without his consent? and Yes, I've as of yet, No solicitor, I'm representing myself at the moment. My mother wants to come, is that a bad idea? lol

I wouldn't recommend talking to him under any circumstances including over the phone without a solicitor.

coylemj

It sounds like he is being sent by the owner to sound you out as to how much you're prepared to settle for. I'd say that tactically it would be a bad idea for you go because the other side will be the only one to benefit from the meeting.

Unless you think you can gain something, don't agree to meet him and as you currently don't have legal advice, that's another reason not to go as you could potentially drop your guard due to the informal nature of the meeting and say something that might seem harmless but which in the hands of a good lawyer (theirs, not yours) could be thrown back in your face and wreck your case.

Don't go without a solicitor, leave your mother at home.

psalbmb

right Guys On the advice of a legal representative, I went along to the meeting. to cut a long story short, They said I've to come back to them with a estimate figure of what I'm due from the gratuities over the past 2 years. so my question is, how am I going to calculate a rough estimate of what I'm due? this is how the tips are divided= all gratuities received go into an account, the tips are then distributed to all employee's on the average hour's they done over the month, and then its taxed. however, we didn't receive tips for over 9 months, and when we did, all we got was 100 euro. its very hard to try understand and I cant make sense of any of it. all i have to go by is my past payslips? any suggestions would be most welcoming

mitosis

You'd need this information if you went to Court, so I suggest you set about finding out what exactly you are due.

psalbmb

mitosis wrote: »

You'd need this information if you went to Court, so I suggest you set about finding out what exactly you are due.

ye, but where would i start?

Procrastastudy

psalbmb wrote: »

ye, but where would i start?

You really need proper legal advice. You can't turn up at court with no idea what your claim is.

EDIT: Or even a rough estimate for that matter. You'll need to prove what you are due. How do you go about that? I have no idea - speak to a solicitor. Unless your intention is to workout whether the offer is reasonable and take it then I suggest just negotiating with them to get the most you can and leave it at that.

MagicSean

psalbmb wrote: »

ye, but where would i start?

You would need the management to tell you how much they took in in tips that they did not distribute to the staff. You can't really do an accurate calculation on how much you are owed otherwise.

The alternative is to take the average figure you earned in tips in the weeks/months leading up to that day and use that figure to calculate what you are owed.

psalbmb

MagicSean wrote: »

You would need the management to tell you how much they took in in tips that they did not distribute to the staff. You can't really do an accurate calculation on how much you are owed otherwise.

The alternative is to take the average figure you earned in tips in the weeks/months leading up to that day and use that figure to calculate what you are owed.

thats what i've done thanks . I will send off the email of the estimate amount Im due, based on the average as the company won't disclose any information regarding how much they took in on tips etc.

MagicSean

psalbmb wrote: »

thats what i've done thanks . I will send off the email of the estimate amount Im due, based on the average as the company won't disclose any information regarding how much they took in on tips etc.

You should run the figure by your solicitor first. I'm just giving mathematical advice.

Procrastastudy

Anton Piller Order

psalbmb

Procrastastudy wrote: »

Anton Piller Order

huh?

Luca Brasi

psalbmb wrote: »

I'm in the process of bringing my employer to court for 2 seperate claims. However the manager, not the owner, rang me the other day and wants to meet up for a "casual chat" to see what the story was in relation to ONE of the claims. He didn't mention the other one. so my question is, should I go or not? Is he just trying to get information out of me or prehaps offer me a settlement? Any suggestions are most welcoming thanks guys .

* Just to note, am I the only one who thinks its weird that the Manager wants to meet me alone, and that it was him who contacted me, not the owner??

As a legal process has begun I would advise not meeting for a "casual chat"
If they want to discuss a settlement and admit their liability then that is another scenario. An agreement and its decisions can of course be agreed to be kept confidential.

Procrastastudy

psalbmb wrote: »

huh?

Its an order requiring someone to allow you access to documents.

Hippo

Procrastastudy wrote: »

Its an order requiring someone to allow you access to documents.

Usually involving a dawn raid of the office!

psalbmb

So Guys, this Thursday I'm up in the Equality Tribunal for the mediation process. Im just wondering will I need legal representation, what exactly would i need to bring with me to the mediation (it says to bring all relevant documentation) and how long does it normally last for? thanks guys

ldxo15wus6fpgm

Procrastastudy wrote: »

Its an order requiring someone to allow you access to documents.

Fairly sure you need to convince a judge they might attempt to destroy evidence to get the order.
EDIT: and potential for serious damage to you if you can't get the documents. Which I don't think would apply here as he can just run up an estimate. I thought AP orders were more relevant for incriminating evidence.

Procrastastudy

Cristiano Thoughtless Dough wrote: »

Fairly sure you need to convince a judge they might attempt to destroy evidence to get the order.
EDIT: and potential for serious damage to you if you can't get the documents. Which I don't think would apply here as he can just run up an estimate. I thought AP orders were more relevant for incriminating evidence.

It wasn't a serious comment in all honesty. I'm open to corerection but aren't they only an ancillary order to other injunctions? ... that equity exam seems a distant memory.

Keep us updated OP - hope all is going well!

psalbmb

Procrastastudy wrote: »

It wasn't a serious comment in all honesty. I'm open to corerection but aren't they only an ancillary order to other injunctions? ... that equity exam seems a distant memory.

Keep us updated OP - hope all is going well!

thanks will do, up Thursday so I'll let you all know on Friday how i get on