# employer ripped me off



## stephanie m (Jun 1, 2016)

I am currently going through a German lawyer to get the money owed to me by an employer I worked for last summer. I am a resident in another eu country.

I don't know yet what/if Im going to get this resolved, but I want to do everything I can to get them back.

Can anyone tell me how and where to report this company for their misconduct? Also, I would like to know if it is possible to recover my lawyer's fees.

They had taken all sorts of deductions and changed the payslip so i would not be able to figure it out and they claimed that i caused damage in a hotel room and deducted 500 euros from my paycheck without even asking me about it. I did not cause any damage.

Any information very appreciated!:fingerscrossed:


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## Tellus (Nov 24, 2013)

Hi,
from my own experience I can say: let it be..you only will be frustrated.
It 's a long and rocky road through the German jurisdiction and all they want is your money..
Worked in a hotel kitchen in 2014, they didn 't pay for, took a lawyer.
Had a compromise at labour court last year about 1000 E, till today I got ca. 300 and chances are bad to get the rest. Lawyer 's bill will come for sure...


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## beppi (Jun 10, 2013)

Since labour disputes are considered private between the parties, you cannot openly report your experience to harm the company (unless you like a defamation lawsuit).
At the labour court (at least for the first level of jurisdiction), your lawyers' and other fees are not recoverable from the other party, even if you win. Therefore it usually makes no sense to sue for amounts smaller than several thousan Euro, as the fees will be higher and in the end you lose (financially) even if you win (legally).


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## stephanie m (Jun 1, 2016)

*thx*

Thanks for the information. It just isn't fair, is it? So any company you work for can swindle small amounts (small to them, big to me) knowing that there's no way I could afford to get it back.
Can I approach the hotel for proof of the charges? Since they went thru the company to get their money, perhaps I should ask them about it?If it had been my credit card, it wouldn't have been so easy for them to do this. C'mon! its 500 euros! I can't believe this is legal, is it?
S


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## beppi (Jun 10, 2013)

I am sorry that my answer is not what you wanted to hear. But the legal situation is like that.
Of course you can go to court (labour court in this case), and if you win the company has to pay the missing amount (plus their legal fees, which are certainly higher than the amount in question, just not your legal fees). Many people in Germany have legal insurance (Rechtschutzversicherung), which would bear the legal fees and thus make such a case financially risk-free. If you don't have one, this was your choice. You can also sue without lawyer to keep your costs down, but then unfortunately your chances of winning are lower. 
You can (and should) in any case first ask the employer about the deductions they made, and offer a mutually agreeable solution (e.g. by suggesting you and the employer share the amount in question half-half to avoid legal proceedings) - this is how most such problems are solved in Germany.


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## stephanie m (Jun 1, 2016)

Thanks again, but unfortunately, it's too late for friendly chit chat with the company, it has been very difficult trying to get information from them. 

I have one question I'd like to know the answer to tho, if you know:

Is it legal for a company you work for to take money from your paycheck for 'damages to a hotel kitchenette counter top' at a hotel which the company provided to me? They didn't even ask me about it.

I've been trying to get someone to tell me if they have the right to do that.

If yes, well, we're all screwed, don't bother working abroad. But I do know it is unethical.

Thanks for your replies. Do you know the answer?

s


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## beppi (Jun 10, 2013)

If you caused the damage and the company is liable to pay for it (which is certainly the version of the story they and the hotel will tell), then yes, it is legal (and in my opinion also morally correct) that the company deducts this from your paycheck.
A law suit would thus only be about whether you caused the damage and must pay for it, or not.
If you win, the company would have to, in turn, sue the hotel to get the money back (and you'd be witness in that case), although apparently they and the hotel have already reached a consensus. This is a legal tangle that everybody will try to avoid and thus a mutually agreed solution between you and the company is likely, as I wrote.


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## beppi (Jun 10, 2013)

You mentioned, in your first post above, that you already engaged a lawyer for this. What does he/she say?
It is certainly better to follow his/her advice rather than asking legally untrained strangers on an Internet forum, even though it will cost you. (A first verbal consultation costs around EUR200, a price fixed by law.)


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