Login or Sign Up
 
 
 
 
 
 
 
 
 
 
 
 
 
Forums in Geneva > Geneva > I need a lawyer advice!!
 
Only members can see photos
Only members can see names and photos
I need a lawyer advice!!

The situation is pretty complicated but I had to leave my job and the boss was paying some course for me-but now I received a letter that if I wont pay the course within 5 days I might have to go to the court! Basically the boss tricked me and was not paying for the course-that i got to know just now..few months after i quit. + ''boss'' physically attacked me knowing I am pregnant- you think if I would decide go public,I have any chance to win? or better just shut up and go and pay that shit bill tomorrow. There is not much, but now it is more as a principle!!


any ideas...?

The text you are quoting:

The situation is pretty complicated but I had to leave my job and the boss was paying some course for me-but now I received a letter that if I wont pay the course within 5 days I might have to go to the court! Basically the boss tricked me and was not paying for the course-that i got to know just now..few months after i quit. + ''boss'' physically attacked me knowing I am pregnant- you think if I would decide go public,I have any chance to win? or better just shut up and go and pay that shit bill tomorrow. There is not much, but now it is more as a principle!!


any ideas...?


Eva UFeb 9, 2012 @ 14:27
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
 
16 Replies | 1047 Views      |  Send to friend
 
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 1

Do you have proof that he attacked you?


Do you have written proof that he agreed to pay the bill?


 


if either is yes... go see a lawyer. screw him.


 


 

The text you are quoting:

Do you have proof that he attacked you?


Do you have written proof that he agreed to pay the bill?


 


if either is yes... go see a lawyer. screw him.


 


 


Charlie, Feb 9, 2012 @ 14:41
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 2

This sounds terrible.  I assume you are here on a legal permit and you have been paying tax so there must be some recourse.  The physical attack would have to be proved and you have to assess whether doing that would cause you more stress and could you prove it or would it be just your word against his.


I believe you can be sacked but should be paid thje minimum severance which depends how many years you have worked.


I do not understand how you could be accepted on a course without a payment having be made upfront.  Legally it depends who signed the papers and whether you committed yourself to paying.


I am not a lawyer but Swiss lawyers are expensive.  If you have signed on for unemployment benfit you could ask your conseilleur for advice or UNIA.


But wait until some more knowledgeable people have replied.

The text you are quoting:

This sounds terrible.  I assume you are here on a legal permit and you have been paying tax so there must be some recourse.  The physical attack would have to be proved and you have to assess whether doing that would cause you more stress and could you prove it or would it be just your word against his.


I believe you can be sacked but should be paid thje minimum severance which depends how many years you have worked.


I do not understand how you could be accepted on a course without a payment having be made upfront.  Legally it depends who signed the papers and whether you committed yourself to paying.


I am not a lawyer but Swiss lawyers are expensive.  If you have signed on for unemployment benfit you could ask your conseilleur for advice or UNIA.


But wait until some more knowledgeable people have replied.


Paul E, Feb 9, 2012 @ 14:38
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 3

the only proofs i have are emails..-are they considered as a written proof?


and there were people who saw this attack- but they were his family members so probably they would not be on my side. and-i was working for him illegally. i just have letters and not any signed contract.


ok.i am probably make a problem where there is not a problem-but i am so mad. it is not enough with the way he treated me but still i have to pay for the course-what basically was the main reason i took this job. ..


ok..lets forget.

The text you are quoting:

the only proofs i have are emails..-are they considered as a written proof?


and there were people who saw this attack- but they were his family members so probably they would not be on my side. and-i was working for him illegally. i just have letters and not any signed contract.


ok.i am probably make a problem where there is not a problem-but i am so mad. it is not enough with the way he treated me but still i have to pay for the course-what basically was the main reason i took this job. ..


ok..lets forget.


Eva U, Feb 9, 2012 @ 14:44
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 4

Just a small point - if you were fired while already pregnant  . . . . you will have a 100% chance of winning your salary (not your job) back from the moment you were canned.  Ding me for more info if that's the case.

The text you are quoting:

Just a small point - if you were fired while already pregnant  . . . . you will have a 100% chance of winning your salary (not your job) back from the moment you were canned.  Ding me for more info if that's the case.


Poster, Feb 9, 2012 @ 14:49
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 5

Go to a permanence juridique and ask their opinion. Your consultation will be confidential. 


http://www.permanence-juridique-geneve.ch/index.php

The text you are quoting:

Go to a permanence juridique and ask their opinion. Your consultation will be confidential. 


http://www.permanence-juridique-geneve.ch/index.php


Translator, Feb 9, 2012 @ 14:51
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 6

Do not justm give up.  Wait for a few replies and contact Poster. 

The text you are quoting:

Do not justm give up.  Wait for a few replies and contact Poster. 


Paul E, Feb 9, 2012 @ 14:54
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 7

In my opinion, the best you can do is go to a "permanence juridique". After that you will know if you have a case. It will cost you about CHF 50.

The text you are quoting:

In my opinion, the best you can do is go to a "permanence juridique". After that you will know if you have a case. It will cost you about CHF 50.


Tulio S, Feb 9, 2012 @ 14:57
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 8

I am legally in Switzerland for 2 years.. I was hired as a nanny- but the family didn't want to make it legal,cause then they have to pay more(as it is a law to pay some kind of minimum), but I was earning very little ,but at that time it seemed ok-cause they were paying the course. after i worked 4 months,the mother hit me and the same evening i said i quit- (i was pregnant for 3 months then and they knew). and when i contacted her after 2 days she refused to pay my wage. saying that she is paying for the course and i can forget the money and i can go to the police if i want but i wont be able to get anything cause I am illegally here (so,basically she thought i am illegally. she can not have problems that she is employing someone illegally???) -but I was legally here just i didn't have a job contract(as i know is my fault...)


it is not that much about those few hundreds,it is more about the attitude, and that she called me a bitch and etc...-even though i have been watching her 3 kids for like 6 chf per hour... 


 

The text you are quoting:

I am legally in Switzerland for 2 years.. I was hired as a nanny- but the family didn't want to make it legal,cause then they have to pay more(as it is a law to pay some kind of minimum), but I was earning very little ,but at that time it seemed ok-cause they were paying the course. after i worked 4 months,the mother hit me and the same evening i said i quit- (i was pregnant for 3 months then and they knew). and when i contacted her after 2 days she refused to pay my wage. saying that she is paying for the course and i can forget the money and i can go to the police if i want but i wont be able to get anything cause I am illegally here (so,basically she thought i am illegally. she can not have problems that she is employing someone illegally???) -but I was legally here just i didn't have a job contract(as i know is my fault...)


it is not that much about those few hundreds,it is more about the attitude, and that she called me a bitch and etc...-even though i have been watching her 3 kids for like 6 chf per hour... 


 


Eva U, Feb 9, 2012 @ 14:57
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 9

Go to a permanence juridique and ask their opinion. Your consultation will be confidential. 

http://www.permanence-juridique-geneve.ch/index.php


Feb 9, 12 14:51

yes.thanks..i might try.

The text you are quoting:

yes.thanks..i might try.


Eva U, Feb 9, 2012 @ 15:04
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 10

she said they(police) will (don't know the right word)- send me out of the country with a stamp in my passport i can never cross the border again. i didn't want to make problems for myself. 


i thought-she is swiss,my word against hers is nothing.


i was legally in switzerland. just i didn't have a working contract.


 


no.i am not working anymore-i was so depressed after that.i just didn't want to work for anybody. and my swiss fiance is taking good care of me so it is ok. i don't need to work now.  and i don't know the swiss laws...


 


she wrote me: ''f you want go to see the autorities it's your choice. But first read the convention on the website where I find you.... I remeber you that you are in swizerland without permit and if you want to have to leave Switzerland right now, go to see the autorites. ''


 

The text you are quoting:

she said they(police) will (don't know the right word)- send me out of the country with a stamp in my passport i can never cross the border again. i didn't want to make problems for myself. 


i thought-she is swiss,my word against hers is nothing.


i was legally in switzerland. just i didn't have a working contract.


 


no.i am not working anymore-i was so depressed after that.i just didn't want to work for anybody. and my swiss fiance is taking good care of me so it is ok. i don't need to work now.  and i don't know the swiss laws...


 


she wrote me: ''f you want go to see the autorities it's your choice. But first read the convention on the website where I find you.... I remeber you that you are in swizerland without permit and if you want to have to leave Switzerland right now, go to see the autorites. ''


 


Eva U, Feb 9, 2012 @ 15:23
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 11

ok ..GO SEE A LAWYER


you have her almost admitting she employed you illegally... BUT if you have a permit, make sure it "allows you to work" and is not just a "fiance permit" which doesn NOT allow you to work.


Swiss or not...she has no rights to treat you like that...


 

The text you are quoting:

ok ..GO SEE A LAWYER


you have her almost admitting she employed you illegally... BUT if you have a permit, make sure it "allows you to work" and is not just a "fiance permit" which doesn NOT allow you to work.


Swiss or not...she has no rights to treat you like that...


 


Charlie, Feb 9, 2012 @ 15:33
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 12

i have a real permit- student B. that allows me to work 15 h per hour... i was studying in the university but i quit and made a new permit afterwards-again student -can work 15 h per week...


 

The text you are quoting:

i have a real permit- student B. that allows me to work 15 h per hour... i was studying in the university but i quit and made a new permit afterwards-again student -can work 15 h per week...


 


Eva U, Feb 9, 2012 @ 15:37
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 13

Voila...


take all your papers , plus any printed out emails to the place translator suggested... plus 50chf


exploitation of students is a crime i would think... you wont be kicked out if you complain..


1) you have a valid permit


2) youre engaged to a swiss


3) youre pregnant


4) you were clearly exploited


5) your former employers were breaking the law in thier attempt to employ you black


6) plus plus plus..


 


good luck ...


your old boss shoudl be worried


 

The text you are quoting:

Voila...


take all your papers , plus any printed out emails to the place translator suggested... plus 50chf


exploitation of students is a crime i would think... you wont be kicked out if you complain..


1) you have a valid permit


2) youre engaged to a swiss


3) youre pregnant


4) you were clearly exploited


5) your former employers were breaking the law in thier attempt to employ you black


6) plus plus plus..


 


good luck ...


your old boss shoudl be worried


 


Charlie, Feb 9, 2012 @ 16:01
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 14

heheh.thank you very much. tonight i will send them the last hand-written letter.


that the school has to receive the money till this and this date as it was part of our agreement, and if you refuse to pay -we will go the official  legal way..


 


 

The text you are quoting:

heheh.thank you very much. tonight i will send them the last hand-written letter.


that the school has to receive the money till this and this date as it was part of our agreement, and if you refuse to pay -we will go the official  legal way..


 


 


Eva U, Feb 9, 2012 @ 16:09
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 15

So...-my fiance just called to the Ecole club Migros (the place where i was taking the language course)- and explained them the situation and that they should sent the bill to my ex boss and not to my address(when i quit i changed my address at the school cause i wanted to continue taking the classes but wanted that they send the next bill to my address and not to the families). and they were so shocked about this thing and said tomorrow morning will send a bill and a letter to the family...so..-we will see...


 


i hope i wont have to go to the jail at the end..-hahaha :D

The text you are quoting:

So...-my fiance just called to the Ecole club Migros (the place where i was taking the language course)- and explained them the situation and that they should sent the bill to my ex boss and not to my address(when i quit i changed my address at the school cause i wanted to continue taking the classes but wanted that they send the next bill to my address and not to the families). and they were so shocked about this thing and said tomorrow morning will send a bill and a letter to the family...so..-we will see...


 


i hope i wont have to go to the jail at the end..-hahaha :D


Eva U, Feb 9, 2012 @ 16:32
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
Only members can see photos
Only members can see names and photos
Re: I need a lawyer advice!!
Post 16

I agree with all the above, print everything out and make a portfolio to bring if you decide to see someone at the permanence.  Bring your Swiss partner with you to help with communication of facts.


Also, make sure you have someone supporting you with your pregnancy: even if you've chosen a hospital birth with an OB, a doula or midwife would be especially good people to enlist.  You might even find one who speaks your mother-tongue.


Good luck!


(Disclaimer: I am a doula & breastfeeding counsellor)

The text you are quoting:

I agree with all the above, print everything out and make a portfolio to bring if you decide to see someone at the permanence.  Bring your Swiss partner with you to help with communication of facts.


Also, make sure you have someone supporting you with your pregnancy: even if you've chosen a hospital birth with an OB, a doula or midwife would be especially good people to enlist.  You might even find one who speaks your mother-tongue.


Good luck!


(Disclaimer: I am a doula & breastfeeding counsellor)


Michelle W, Feb 10, 2012 @ 16:44
Your Reply:
Reply  Reply With Quote  Thank Poster
! Report to Admin
16 Replies | 1047 Views      |  Send to friend
 
 
 
Feedback Form