Worker’s legal case seems far from over | PostIndependent.com
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Worker’s legal case seems far from over

The civil case involving Nancy Myer, the owner of Busy Bee Cleaning and Nicolasa, an undocumented worker from Mexico, is far from over.Nicolasa is suing Myer for $3,874.60 that Myer owes her for three months of back wages. Don Kaufman, Nicolasa’s lawyer, referred to Myer as a predator employer. Predator employers hire illegal immigrants and promise them wages but never follow through, Kaufman said.By law anyone working in the United States, including an illegal immigrant, is entitled to all wages earned, according to the Division of Labor and Employment.Myer, who has been ordered to pay the money to Nicolasa, said she does not owe her any money because Nicolasa was a dishonest worker who lied on her timecard.Records from Apex Security show that Nicolasa overbilled one client for two to three extra hours a day, according to a press release from Myer’s attorney, Ted Hess.Myer asked Nicolasa to meet with her in August of 2003 to discuss the fraudulent time card, but Nicolasa never showed up and quit her job, Myer said.Nicolasa filed in the Garfield County Small Claims Court in September 2003. Myer failed to show up to the first court date in October 2003, according to court documents.Myer failed to show up to a second court date Sept. 22, and at that time she was required to pay Nicolasa the money.Myer showed up to court this past week but did not pay the money. Kaufman and Hess will decide Oct. 13 if the case can be settled out of court or if it will go to trial, according to court documents.Myer said she is not a predator employer but a victim of a “lawyer and nonprofit organization run amok.”After Nicolasa filed the claim, a person from Catholic Charities who was helping Nicolasa threatened Myer via telephone, Myer said. Kaufman also threatened Myer, Myer said.”They made me feel like the biggest low-life in the world,” Myer said.Myer is required to pay Nicolasa but recently declared bankruptcy and claims she has no other assets, which Kaufman believes is untrue.Kaufman believes her family has money to settle the judgment because Kaufman’s firm represented her husband in a workers’ compensation case in 2003, according to Myer. The $34,000 her husband received from the settlement is gone and Myer is working hard to support a family of six, Myer said.According to the press release, Myer, who is Hispanic, is not a predator employer and “always helped people like Nicolasa rather than exploited them.””Don Kaufman and the Post Independent picked the wrong person as the poster child for the ‘predator employee,'” Hess said.Contact Ivy Vogel: 945-8515, ext. 534ivogel@postindependent.com


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