Posted on August 13th, 2019
Below is a complete transcript of this video.
What’s up, fellow entrepreneurs? Today, I wanted to tell you a story about something that happened at the Labor Board.
I had a client that had a live-in domestic worker, and the live-in domestic worker claimed that she was owed all of these hours because she was a live-in. It was very clear that that wasn’t true.
I warned my clients about the Labor Board and I said, “Look, even though this isn’t true, and we have clearcut evidence it isn’t true, documentary evidence, by the way, they’re still going to try to give her something because that’s what the Labor Board does.”
We get to the hearing, and we take a few minutes to see if we can resolve the problem. We’re with the mediator, and we’re talking with the mediator, and I show the mediator how we could refute all of the numbers that this live-in domestic worker was claiming.
She still said, “Well, I think that you should pay X number of dollars because we’re going to give her something anyway.” I mean, she didn’t say it exactly like that, but that was basically it.
So my client was shocked and surprised, but after the mediator left and we were in the room i said, “Yeah, this is exactly what I was trying to explain to you, how it’s like in the Labor Board.”
It’s supposed to be fair and impartial, but at the end of the day, they’re really just trying to give them something.
Depending on how much evidence you have is the amount of money that they’re going to try to give them.
Sure, I’ve won in the Labor Board when it’s impossible to give an award, but also I’ve lost in the Labor Board when the former employee couldn’t prove that they were owed this money.
So it really is a tough forum to be in and if you can resolve it before it ever gets into that forum that’s probably the best option.
One other thing I wanted to say about this particular case, too, is that when my client terminated this domestic worker she gave her more than she was owed.
She gave her probably three times what she would normally get as a severance. In my opinion, never, ever, ever give a severance without also getting a waiver and a release of all claims.
Because that’s all that happened, she just paid the money for no reason.
If she had gotten a severance and a waiver of the claims she wouldn’t have ended up in the Labor Board.
All right. So just a piece of advice and a short little story to tell you how tough it is in the Labor Board.
All right, guys. Until next time.
