I had a man agree to sell me his bar business, in Georgia. While no papered contract was signed (he promised me one, yet never delivered it) he did agree through text messages, his preferred way of communication, to "finance" the bar to me, saying he wanted out of the bar business by the end of the year. We did have a verbal agreement that outlined all details of the sale, re: price, terms, etc. Some of these terms were listed in text messages from his phone to my phone.Some of these text messages have been deleted from my phone.
I did work there for 4 months, correcting a number of problems, like employee back taxes not being paid and improper pay to the employees, etc. I did address those issues with the seller and he paid the taxes, and I changed the pay system properly.
During this time, I was made aware of possible social security fraud and credit card fraud, being committed by one of the employees
I did report these allegations to the seller, and also I reported these allegations, including a signed statement from the customer, to the local police. I tried that day to to fire the employee, but the seller forbade me from doing so, even demanding that I allow her to work. When I informed seller that I had filed the police report, he became very irate with me for doing so and, through text messages I still have, demanded that I retract my report to the police.
Over the next two weeks, the seller accused me of wrongdoing, even addressing me as a "fool" and "idiot" in the presence of the other employees.
I then had a second customer call me to inquire about a 3 charge to his credit card that he says he did not make. I told the seller about this customer, and the seller demanded that I do not report this to the police. I also have the transactions from this customer. The seller then came to the bar and said that he was "firing" me, stating, for the first time, that I was hired only as his general manager. (I have this conversation on a taped recording). He also called the police and had me barred from returning to the bar, even as a customer.
As a results of his firing me, on the same day just minutes afterwards, I suffered a stroke and ended up in the hospital, due to the stress from this incident. So not only am I out of what was to be my future business, I am now basically unemployable with other companies. Two weeks later, after the termination, the seller mailed me a separation notice, stating I was an employee, and listing the reason for firing me was due to lack of work. He also included a check for “back pay”, 00.00 net total, that he claims was my “pay” for that time period. I never filled out any tax papers, G-4 or W-4, while working there, but did attempt to give the accounting firm all my tax info, which they never took from me. Normally, the seller would tell me that I could only get paid if there was enough money in the bank at the end of the month. I did receive a total of ,700, other than the back pay check in my time there.
I’m not sure if this falls under a “whistle blower” type case, or as an employment case, or as breach of crontract.since I was fired and listed as an employee on the seperation notice. I have tried to contact the EEOC, but their web site says they won’t look into cases where the company has less than 15 employees, and I can’t reach anyone over the phone to be advised as to who I should contact. I feel that I have been terminated for disclosing the frauds and would like advise as what to do. I am even willing to represent myself in a civil court case, to try and win some sort of compensation or my bar business back, as I can’t find a lawyer that wants the case. The verbal contract would be stronger if I can get back the teext messages, as I’m told two different things from the cell phone company concerning the deleted text messages: they can’t be retrieved once deleted, and, I can get them back but only with a subpeona.
Any advice/help you could give me would be greatly appreciated.

Filed under: Business Phone Systems