advertisement
Forums

 

AAPL stock: Click Here

You are currently viewing the 'Friendly' Political Ranting forum
Boss shows the world how to not attract workers
Posted by: pdq
Date: January 10, 2022 07:27AM
Worker and boss get in argument. Worker quits. Boss won’t give him last paycheck for hours he put in.

It gets messier from there.

Quote

There are difficult bosses. Then there are bosses who dump over 500 pounds of greasy pennies onto an ex-employee's driveway… The unwanted delivery also came with a note expressing a short expletive.

…[the worker] quit his job…after an argument with his boss and contacted the Labor Department last January to say he was owed $915. The next day, Walker received a call from the department, and said he would not pay Flaten. Hours later, he decided to pay him in pennies.

And then he bragged about it on the businesses website. Take that, US Dept of Labor!

Quote

The Labor Department is seeking $36,971 in back wages and damages on behalf of multiple employees including Flaten. An investigation found Walker and the shop engaged in retaliation and broke overtime laws by only paying employees a flat weekly rate. The lawsuit also alleges the autoshop failed to keep accurate wage records.

Says the boss: “ He's a f***** weenie for even bringing it up.” Wow. I guess he showed them!

facepalm
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: rgG
Date: January 10, 2022 07:44AM
Not just pennies, but oil covered pennies, dumped onto his driveway.
This was not in Florida, but here in GA, just south of Atlanta. I guess being this close to FL is like sitting next to a Covid positive anti-vax relative at a bar, you are going to get what they have. RollingEyesSmiley5

[www.fox5atlanta.com]





Roswell, GA (Atlanta suburb)
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: deckeda
Date: January 10, 2022 08:15AM
And ... coins are not legal tender. The "recipient" has no obligation to accept coins for payment.

Makes you wonder though, what kind of person keeps 500lbs of pennies? You can't even get that much from large bank branches without an appointment.
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: Ombligo
Date: January 10, 2022 08:38AM
If he is an LLC expect him to declare bankruptcy, sell off the assets to a family member, establish a new LLC, buy back the assets and continue onward.



“No persons are more frequently wrong, than those who will not admit they are wrong.” -- François de La Rochefoucauld

"Those who cannot accept the past are condemned to revise it." -- Geo. Mathias
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: Robert M
Date: January 10, 2022 08:42AM
Decekda,

That would be incorrect. The coins are legal tender:

[www.treasury.gov]

However, the recipient doesn't necessarily have to accept them. Still, a payment in coins is a legal payment whether or not the recipient accepts it. If there is an issue, the person paying in coins can say, "Hey, I paid him. Here is the proof. He chose not to accept the payment."

Robert
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: JoeH
Date: January 10, 2022 11:05AM
Quote
Robert M
Decekda,

That would be incorrect. The coins are legal tender:

[www.treasury.gov]

However, the recipient doesn't necessarily have to accept them. Still, a payment in coins is a legal payment whether or not the recipient accepts it. If there is an issue, the person paying in coins can say, "Hey, I paid him. Here is the proof. He chose not to accept the payment."

Robert

There are many court cases that say otherwise. You can offer payment in excessive amounts of coins, but until accepted the person is not considered paid.

On another note, that boss has also opened himself up to pollution charges.
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: Robert M
Date: January 10, 2022 01:02PM
Joe,

Kinda conflicts with what the government says about legal tender, though. Can't say i agree with the idea that a payment provided but not accepted equates payment not provided. If I give someone legal tender as payment, the payment is done. Doesn't matter to me if the person doesn't like the form of it. If the tender is legal, it should be considered acceptable even if it's inconvenient, disgusting, etc. If the person chooses not to deposit it, use it or return, that's on the person, not me.

Robert
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: hal
Date: January 10, 2022 01:19PM
My mom loves to tell the story about a neighbor back in ~1968 or so bought a lawnmower from Sears on credit. The thing died very quickly and sears didn't offer a refund or replacement. Honestly, I don't remember any of the details, but the woman would go every month to some Sears office and pay the monthly bill by counting out pennies one at a time and did so until the debt was paid. Apparently, she got a great deal of satisfaction from this...
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: JoeH
Date: January 10, 2022 01:40PM
Quote
Robert M
Joe,

Kinda conflicts with what the government says about legal tender, though. Can't say i agree with the idea that a payment provided but not accepted equates payment not provided. If I give someone legal tender as payment, the payment is done. Doesn't matter to me if the person doesn't like the form of it. If the tender is legal, it should be considered acceptable even if it's inconvenient, disgusting, etc. If the person chooses not to deposit it, use it or return, that's on the person, not me.

Robert

I suggest you go back and read that web page closely. It specifically states while legal tender that places no obligation on an individual or an organization to accept it. I will quote the section where it states that:

Quote

This statute means that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise. For example, a bus line may prohibit payment of fares in pennies or dollar bills. In addition, movie theaters, convenience stores and gas stations may refuse to accept large denomination currency (usually notes above $20) as a matter of policy.

So I see no conflict at all. Do also note the distinction between payment of debts versus paying for goods or services

Beyond that you start getting to the area of the legal definitions of offer and acceptance as related to completing transactions. You can offer me 100 pounds of coins as payment for something, but until I accept that the transaction is not complete. There are also federal and state laws and regulations on what is acceptable for paying wages.

Basically if you tried doing what you state, good luck in court as you will probably lose.
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: Robert M
Date: January 10, 2022 02:32PM
Joe,

Oh, I understood everything you and the federal web site said and know full well the legalities of it all. Doesn’t mean I have to like or agree with all of the specifics. If someone truly deserved that kind of treatment, I can imagine that an employer might consider it worth going through the agita of it.

Robert



Edited 1 time(s). Last edit at 01/10/2022 05:04PM by Robert M.
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: Ammo
Date: January 10, 2022 06:48PM
Quote
hal
My mom loves to tell the story about a neighbor back in ~1968 or so bought a lawnmower from Sears on credit. The thing died very quickly and sears didn't offer a refund or replacement. Honestly, I don't remember any of the details, but the woman would go every month to some Sears office and pay the monthly bill by counting out pennies one at a time and did so until the debt was paid. Apparently, she got a great deal of satisfaction from this...

And successfully cut off her nose to spite her face.



Where is there dignity unless there is also honesty? - Cicero
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: Tiangou
Date: January 10, 2022 07:03PM
FYI:

[www.treasury.gov]

The pertinent portion of law that applies to your question is the Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," which states: "United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues."

This statute means that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise. For example, a bus line may prohibit payment of fares in pennies or dollar bills. In addition, movie theaters, convenience stores and gas stations may refuse to accept large denomination currency (usually notes above $20) as a matter of policy.




Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: anonymouse1
Date: January 10, 2022 10:26PM
Robert: Lotsa court cases say, using your terms, that payment is NOT provided until it's accepted.

You may not like that, that's what the courts have held.
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: Janit
Date: January 11, 2022 03:54AM
Note that the term "tender" is a synonym for "offer." It is not a synonym for "payment." It's all about contract law.

One can argue that the employee did accept the payment by transferring it to Coinstar for conversion, however, that does not resolve the issue of whether the mechanics of the payment constituted illegal retaliation.
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: pdq
Date: January 11, 2022 03:35PM
Quote
Janit

One can argue that the employee did accept the payment by transferring it to Coinstar for conversion….

Yikes! It was in his driveway! Was he supposed to just ignore it and drive around it indefinitely?
Options:  Reply • Quote
Re: Boss shows the world how to not attract workers
Posted by: Speedy
Date: January 14, 2022 09:46PM
I believe there was a case a few decades ago where somebody tried to pay their taxes to the IRS In pennies. The courts held that the IRS did not have to accept the pennies.



Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.
Options:  Reply • Quote
Sorry, only registered users may post in this forum.

Click here to login

Online Users

Guests: 113
Record Number of Users: 186 on February 20, 2020
Record Number of Guests: 5122 on October 03, 2020