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    sean546's Avatar
    sean546 Posts: 1, Reputation: 1
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    #1

    Mar 13, 2011, 01:03 PM
    Is this a case for duress
    I am an outside sales person. Twice my employer has sent me to tradeshows and have not paid the hotel bill, or rental car. They have sent me out of state saying that the airfare, hotel, and rental are all covered and they sent me confirmation numbers stating that they paid the bill. These bills were never paid but just reservations.It is not until I arrive at my destination that I found that I have been lied to once again.

    When I get to my destination I then realize that nothing is paid. I am left having to call family members and friends to pay the hotel bill, and leave their card on file for miscellaneous items. I have had to steal breakfast, lunch and dinner from the hotel to make ends meet because I wasn't expecting to pay for my work travel after the company tells me travel expenses are covered.

    The embarrassment at the hotel front desk, the embarrassment of begging my family and friends for money to do my job, the risk and embarrassment of stealing food from the hotel, and then the company wants me to call them while I'm at the hotel suffering with no money in pocket or food in my stomach to report non my sales productivity.

    The company sent me on my last trip in a four star hotel again leaving me to steal food and not paying the hotel bill. They also fired me upon returning from the trip because I did not go on a lunch date with a prospective client however they provided me with no money no money to go anywhere or to even eat.

    They also made several passive threats stating that I better go on the lunch date with the prospective client ssaying "i better go or I will have some explaining to do'. I did not go on the lunch date because I was starving and I had no money to go.

    I was fired shortly after my return on Thursday 3/10/11 and I really feel they should be sued.

    They also told me that if I sign I document stating I would not sue them that they would give me any extra weeks pay.

    What do you think?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 13, 2011, 01:47 PM

    I think you cannot waive your right to sue. Such a contract would never survive a Court hearing IF the facts are included.

    I don't understand why you kept working for this company. For that matter, I don't know why you were stealing. "They forced me to do it" doesn't ring true.

    Are you under contract to this company?

    You have never been reimbursed for your out of pocket expenses?

    I don't see a lawsuit here. I really don't. When it happened once, you could go to Small Claims Court. Multiple times? I'm not so sure you'll sound "good" in Court.

    I'd go the Small Claims Court route. I'd also be grateful they fired me.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 13, 2011, 02:20 PM

    So you sue them, and when you got back ( it is common for you to pay all your own bills, and they pay you back when you get home with reciepts) So did they pay you back for all the travel when you got back

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