My question involves business law in the state of: Kentucky
I was not sure if this was the right place to post this because I think this might cover a few aspects of law. So I thought I would post it here, I am going to try to make this as short as possible, but it's pretty long and intense, so I am sorry for the long story.
A few might remember a few years ago I posted about my father owning a security company and that he owed me over 5 thousand dollars and that I worked under him as a security guard. I am coming here today for advice on everything and what is the proper thing to do from here on out.
To go back to 2011 my father borrowed $5,500 from me or so, some of which was unpaid paychecks and some in cash ( which I'll never see again on that part ) he kept asking for more later but I said I couldn't afford it. He tried to get a total of 11k from me, but I finally had to deny him. In 2012 I found out he had a pill problem, he owns a security company which helped him provide for his pill addiction. He asked to borrow the money from me to "help the business" I later found out it went to pay for his pills. About 7 months after all this I heard from the labor cabinet and I gave them all my information, timesheets, etc and they calculated I was owed over 16k, this was June 2012 when I first heard from the labor cabinet. ( I believe it was around the time I posted on the forum about this. ) He paid under minimum wage and never paid overtime. We were classified as employees by the labor cabinet and everyone that read my first post, although he still treated us as contract laborers, we all got paid $7 ( $6.50 before December 2011, I worked for him since Oct. 2010 so over a year at $6.50 an hour ) So the non-payment of overtime and under minimum wage is why the labor cabinet opened their suit against him.
We'll skip until June this year, it has been 2 years since I first heard from the labor cabinet and I figured nothing would ever come from it ( and so far it hasn't ) they mailed my dad and my name was on the list, he coerced me to go down to his lawyer and sign off that I didn't want any part of it. I did it just to be done with it, I needed my job, at this point I had a wife and a young child.
December 1st 2014 we lost all the jobs we had for this one company which left us with one job left. He lost about 15 jobs or so over a one month period and he didn't pay any of the guards their last paychecks although he got paid by the company. He would tell everyone over and over that he did not get paid. I called the company he worked for and they said we did get paid up until the last days we worked and if I needed proof I could come down and he'd show me receipts where he paid the security company but my check was between my boss and I. The reason they fired us is because he was shorting people their paychecks all the time and not paying them properly due to him spending money on pills he didn't have money to pay everyone, so they would call them and it started to become a problem having guards call the company hiring us complaining about not being paid when they're paying my dad. ( the owner ) So he was the reason we lost all the jobs.
During the last 3 weeks I noticed as he spent all our money on his pills and then sold his personal jeep to buy more pills and more and more of his assets kept disappearing, then one night I was with my brother hanging out at his house and I heard my dad in the other room threatening to kill everyone and screaming and cussing. So I went out to see what was going on and he looked at me and said "Son these are eyes from hell and I am taking someone with me tonight, I'll take 20 or 30 cops out before they get me." He kept getting crazier so my brother said he was moving out and we got our things and I went back in to check on my brother and my dad came up to me and said that one of the guards called and demanded his final paycheck and he said he would not get it because in our contracts we signed before we started working it said we would not get paid unless he got paid and if he tried to get his money he would go to jail over false pretense? lol... I freaked out and started screaming and telling him I know he got paid everyone knows it, and he has a pill problem and he owes me over 6 grand now ( due to my last paycheck plus the 5.5K from before ) and he needs to pay me back. I left immediately and my dad called me and we exchanged more words, mostly him cussing me out and telling me he'd kill me.
My dad went in and woke his wife up and his adoptive son ( he's 5 years old and they're adopting him ) by throwing water on them, he kept cussing and yelling, she tried to take the child out of the room and he grabbed her and threw her against the wall by her neck and threatened to break her neck and kill her if she took the baby out of the room. She called for my brother who was still there packing his things into the room and he ran in and my dad slapped him two times and pulled his gun out and threatened to kill him. My brother backed up to his room not turning his back on dad and called 911, cops came and arrested him based on physical abuse that he hit his wife. He spent the night in jail and got out the next morning on a $750 surety bond. While he was in jail we helped his wife ( our stepmom and her foster son ) pack things and she was running away to another state to be away from him. She told us that we did get paid our last checks but he didn't pay anyone ( which we knew ) and that he was spending between $3,000-$5,000 a week on pills, over $210k a year she said on his pills. We knew it was bad, but not that bad.
She left and the next day he got out of jail and he was threatening to commit suicide and calling people and he told one guy that if he had it to do over he would've shot my brother between the eyes. He has tons of guns and before we left the house we locked up all his guns in a gun safe but my brother gave the code to our cousin and he opened the safe for my dad and my dad went and pawned one of his guns for pills. But he still has over 50 guns left. With all that said, we were fearful, so my brother and I went to the court house and signed him into a psych ward to be evaluated and I opened a small claims against him for $2,500 ( the maximum I could file for ) Which includes my last paycheck and paychecks owed to me in 2011, although he owed me more, I will be happy receiving the final $2,500.
Two days ago we talked to a local judge as our dad was a bailiff here, he is a good friend of my dad as well. He was saddened to hear the situation and told us that we should get an EPO, so we went and filed an EPO yesterday and he was already served and knows to stay at least 500 feet away from us and not to call us or have any contact with us. Yesterday before the EPO was filed I told my dad that I was taking him to small claims while he was there in the psych ward and he started cussing and freaking out and telling me ARE YOU THREATENING ME! I THINK YOU ARE!!! and the nurse/orderly at the ward there had to calm him down. I called the psych ward back and told them they need to make sure to drug test him for his pills and she said "we can't tell you anything other than the fact we drug test everyone that comes in."
Now as I mentioned antecedent we have one job left that is not affiliated with the other company that fired us making us lose 15 jobs. This is partially why I am writing this. The final man working got paid two weeks ago but was shorted a good portion of his paycheck because my dad kept some for his addictions. While my dad was in the psych ward he could not pay the man his paycheck ( I doubt he would've anyway ) So my dads wife called my brother and told her that if we can we need to get the paycheck in my brothers name so he can pay the guard. I felt uneasy about this. The next day my dads wife called the company and their CPA told them they could not put it in anyone else's other than my dads. We told them the situation that he is in a psych ward and the guard called and said he needed to get paid today or he could not go to work tomorrow ( it's a 3 hour drive one way to get to the job site ) They needed their guard there, so with the permission of him and my dads wife they decided to pay the check in my brothers name, we paid the guard what was owed ( over 1.2k ) and there was 1k left over which my brother and I split between ourselves as dad owes us both a lot of money.
Is there a chance my dad can try to sue for the money? I made the guard sign a paper stating he got paid by my brother on behalf of the security company so he could not claim he never got paid. ( we paid cash ) Would it fall back on the company for putting it in my brothers name or on my brother?
What can we do as far as my father and his mental illness? Did we do the right thing in getting an EPO? I talked to one guy about getting him put into an asylum forever, but it seems like it is a long process that involves lawyers. But I think it is necessary for the safety of humanity. He does not belong on the streets. Does anyone have any recommendations at all for this situation? what should we do? I think my dad might get out tomorrow and my brother and I are very fearful to be honest. I am thinking about relocating my wife and son, but as we own our house here it's not like we can get up and just move without dealing with realtors.
A small side note, I talked to the final company today and told them I might be making my own security company and they might be interested in hiring me, I am not sure. But that might bring in a few grand a month to help my family. But right now I am just worried about our lives, safety and everything else.
I was not sure if this was the right place to post this because I think this might cover a few aspects of law. So I thought I would post it here, I am going to try to make this as short as possible, but it's pretty long and intense, so I am sorry for the long story.
A few might remember a few years ago I posted about my father owning a security company and that he owed me over 5 thousand dollars and that I worked under him as a security guard. I am coming here today for advice on everything and what is the proper thing to do from here on out.
To go back to 2011 my father borrowed $5,500 from me or so, some of which was unpaid paychecks and some in cash ( which I'll never see again on that part ) he kept asking for more later but I said I couldn't afford it. He tried to get a total of 11k from me, but I finally had to deny him. In 2012 I found out he had a pill problem, he owns a security company which helped him provide for his pill addiction. He asked to borrow the money from me to "help the business" I later found out it went to pay for his pills. About 7 months after all this I heard from the labor cabinet and I gave them all my information, timesheets, etc and they calculated I was owed over 16k, this was June 2012 when I first heard from the labor cabinet. ( I believe it was around the time I posted on the forum about this. ) He paid under minimum wage and never paid overtime. We were classified as employees by the labor cabinet and everyone that read my first post, although he still treated us as contract laborers, we all got paid $7 ( $6.50 before December 2011, I worked for him since Oct. 2010 so over a year at $6.50 an hour ) So the non-payment of overtime and under minimum wage is why the labor cabinet opened their suit against him.
We'll skip until June this year, it has been 2 years since I first heard from the labor cabinet and I figured nothing would ever come from it ( and so far it hasn't ) they mailed my dad and my name was on the list, he coerced me to go down to his lawyer and sign off that I didn't want any part of it. I did it just to be done with it, I needed my job, at this point I had a wife and a young child.
December 1st 2014 we lost all the jobs we had for this one company which left us with one job left. He lost about 15 jobs or so over a one month period and he didn't pay any of the guards their last paychecks although he got paid by the company. He would tell everyone over and over that he did not get paid. I called the company he worked for and they said we did get paid up until the last days we worked and if I needed proof I could come down and he'd show me receipts where he paid the security company but my check was between my boss and I. The reason they fired us is because he was shorting people their paychecks all the time and not paying them properly due to him spending money on pills he didn't have money to pay everyone, so they would call them and it started to become a problem having guards call the company hiring us complaining about not being paid when they're paying my dad. ( the owner ) So he was the reason we lost all the jobs.
During the last 3 weeks I noticed as he spent all our money on his pills and then sold his personal jeep to buy more pills and more and more of his assets kept disappearing, then one night I was with my brother hanging out at his house and I heard my dad in the other room threatening to kill everyone and screaming and cussing. So I went out to see what was going on and he looked at me and said "Son these are eyes from hell and I am taking someone with me tonight, I'll take 20 or 30 cops out before they get me." He kept getting crazier so my brother said he was moving out and we got our things and I went back in to check on my brother and my dad came up to me and said that one of the guards called and demanded his final paycheck and he said he would not get it because in our contracts we signed before we started working it said we would not get paid unless he got paid and if he tried to get his money he would go to jail over false pretense? lol... I freaked out and started screaming and telling him I know he got paid everyone knows it, and he has a pill problem and he owes me over 6 grand now ( due to my last paycheck plus the 5.5K from before ) and he needs to pay me back. I left immediately and my dad called me and we exchanged more words, mostly him cussing me out and telling me he'd kill me.
My dad went in and woke his wife up and his adoptive son ( he's 5 years old and they're adopting him ) by throwing water on them, he kept cussing and yelling, she tried to take the child out of the room and he grabbed her and threw her against the wall by her neck and threatened to break her neck and kill her if she took the baby out of the room. She called for my brother who was still there packing his things into the room and he ran in and my dad slapped him two times and pulled his gun out and threatened to kill him. My brother backed up to his room not turning his back on dad and called 911, cops came and arrested him based on physical abuse that he hit his wife. He spent the night in jail and got out the next morning on a $750 surety bond. While he was in jail we helped his wife ( our stepmom and her foster son ) pack things and she was running away to another state to be away from him. She told us that we did get paid our last checks but he didn't pay anyone ( which we knew ) and that he was spending between $3,000-$5,000 a week on pills, over $210k a year she said on his pills. We knew it was bad, but not that bad.
She left and the next day he got out of jail and he was threatening to commit suicide and calling people and he told one guy that if he had it to do over he would've shot my brother between the eyes. He has tons of guns and before we left the house we locked up all his guns in a gun safe but my brother gave the code to our cousin and he opened the safe for my dad and my dad went and pawned one of his guns for pills. But he still has over 50 guns left. With all that said, we were fearful, so my brother and I went to the court house and signed him into a psych ward to be evaluated and I opened a small claims against him for $2,500 ( the maximum I could file for ) Which includes my last paycheck and paychecks owed to me in 2011, although he owed me more, I will be happy receiving the final $2,500.
Two days ago we talked to a local judge as our dad was a bailiff here, he is a good friend of my dad as well. He was saddened to hear the situation and told us that we should get an EPO, so we went and filed an EPO yesterday and he was already served and knows to stay at least 500 feet away from us and not to call us or have any contact with us. Yesterday before the EPO was filed I told my dad that I was taking him to small claims while he was there in the psych ward and he started cussing and freaking out and telling me ARE YOU THREATENING ME! I THINK YOU ARE!!! and the nurse/orderly at the ward there had to calm him down. I called the psych ward back and told them they need to make sure to drug test him for his pills and she said "we can't tell you anything other than the fact we drug test everyone that comes in."
Now as I mentioned antecedent we have one job left that is not affiliated with the other company that fired us making us lose 15 jobs. This is partially why I am writing this. The final man working got paid two weeks ago but was shorted a good portion of his paycheck because my dad kept some for his addictions. While my dad was in the psych ward he could not pay the man his paycheck ( I doubt he would've anyway ) So my dads wife called my brother and told her that if we can we need to get the paycheck in my brothers name so he can pay the guard. I felt uneasy about this. The next day my dads wife called the company and their CPA told them they could not put it in anyone else's other than my dads. We told them the situation that he is in a psych ward and the guard called and said he needed to get paid today or he could not go to work tomorrow ( it's a 3 hour drive one way to get to the job site ) They needed their guard there, so with the permission of him and my dads wife they decided to pay the check in my brothers name, we paid the guard what was owed ( over 1.2k ) and there was 1k left over which my brother and I split between ourselves as dad owes us both a lot of money.
Is there a chance my dad can try to sue for the money? I made the guard sign a paper stating he got paid by my brother on behalf of the security company so he could not claim he never got paid. ( we paid cash ) Would it fall back on the company for putting it in my brothers name or on my brother?
What can we do as far as my father and his mental illness? Did we do the right thing in getting an EPO? I talked to one guy about getting him put into an asylum forever, but it seems like it is a long process that involves lawyers. But I think it is necessary for the safety of humanity. He does not belong on the streets. Does anyone have any recommendations at all for this situation? what should we do? I think my dad might get out tomorrow and my brother and I are very fearful to be honest. I am thinking about relocating my wife and son, but as we own our house here it's not like we can get up and just move without dealing with realtors.
A small side note, I talked to the final company today and told them I might be making my own security company and they might be interested in hiring me, I am not sure. But that might bring in a few grand a month to help my family. But right now I am just worried about our lives, safety and everything else.
Loan Agreements: Recovering Money Loaned to a Relative Who Was Also My Employer
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