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I was a victim of Sunrise Employment Agency in Chicago. I was looking for a job as a caregiver. On March 3, 2004 a lady, I only know her by the name, Bany, which I suppose is an owner of Sunrise E. A., called me and said there is a job for me. She said that the interview is tomorrow, and that she would only accept cash in the ammount of two weeks salary (1200$) in case I' hired. I was supposed to be a caregiver for the elderly lady. On March 4 I was taken to the interwiew... not with the elderly lady, but with her "grandson" (later it appeared he is not grandson, but just a friend of the elderly lady). He accepted me to the position (as a caregiver for the elderly lady). Bany wanted to collect from me a fee immediately after that, in the parking lot, but I said I want to see the "actual" lady I'm gonna be working for. She arranged a brief visit, and after that I gave her 1200$ in cash and we signed the contract (again, in the parking lot in her car). She would not accept any other payment method. The contract stated, that agency is only entitled to 20% of my money back in case I loose a job without my fauld. And even then after I fulfil my responsibility of geting the statment from the employer, that there where no my fault. I requested the special handwritten statement to be signed on the bottom of the contract. That stated if I loose the job within 10 days without my fault, the agency will return the money back in full. As I understand now, I'd better would insist crossing the line out where it sais it's my responsibility to provide agency with statment from the employer there was not me fault. Now I'm sorry we did not do that. I was fired on my first day of work, March 6, 2004, without my fault. (the elderly lady I was taking care of was screaming on me with no reason all day, and when I requested her not to scream, she announced that I am fired and ordered me to leave her apartment. In fact, she was the crasiest person I ever met, and I dont think she is mentaly OK, even though her condition might be undiagnosed) To ad to the confusion, the elderly lady was supposed to pay 85$/day, and her "grandson" to ad 15$/day without her knowing, because the daily pay in that job was 100. Upon ordered to leave elderly ladies appartment, I have contacted the agency immediately, and she promised to return the money beck in two days. The next day she called me, and said she does not have time to return the tommorow, and promised to do that in two more days. And again she used an excuse (she is too busy), and postponed the return of the money for two more days. Jhat continued for two weaks. I tried to confront her, saying that she does not nead time, besause I can come to any location any time to meat with her, but she would refuse to meat with me any time sooner than after two days, only to postpone that with another excuse. After 2 weaks of this, she changed her tactics. Now she started asking of my address, and claiming she's gonns send me a money order. I gave her the address, and she called me the next day, saying she already sent me the money. 3 days has past since with no letter received. I'm sure it's jush another lie of hers, and that she never sent me the money. I'd like to complain not only about me not being able to get my money back, but I have other concerns: 1.I feel accepting just the cash, but not any other payment method might not be legal. 2.I feel the "contract" the agency is using does not comply with the law regulations either. There is no address, no name of the agent (only signitures and Sunrise Employment Agency stamp and the telephone number), and the statements are impossible to fulfil (e.g. how can I get a statement from the elderly lady, when she is crasy and thinks differently) 3.I was not able to locate that a company under that name "Sunrise Employment Agency Inc." has been even registered in Illinois. 4.I feel that the agency has worked out an illegal scheme how to collect and not return the money. I fear that I'm not the only victim. My speculations are based on that: there where more than 35 caregivers fired in this particular job aloneduring one year period, the agency is not running any background check of the employees, which leads people who are not legally allowed to work in the US being employed, and consecutively not complaining about lost money upon being fired. Could anyone please to come up with an advise on how to get my money back, and also what chances would you think are of going and wining in small claims court. Sincerely, Ruta
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I was a victim of Sunrise Employment Agency in Chicago. I was looking for a job as a caregiver. On March 3, 2004 a lady, I only know her by the name, Bany, which I suppose is an owner of Sunrise E. A., called me and said there is a job for me. She said that the interview is tomorrow, and that she would only accept cash in the ammount of two weeks salary (1200$) in case I' hired. I was supposed to be a caregiver for the elderly lady. On March 4 I was taken to the interwiew... not with the elderly lady, but with her "grandson" (later it appeared he is not grandson, but just a friend of the elderly lady). He accepted me to the position (as a caregiver for the elderly lady). Bany wanted to collect from me a fee immediately after that, in the parking lot, but I said I want to see the "actual" lady I'm gonna be working for. She arranged a brief visit, and after that I gave her 1200$ in cash and we signed the contract (again, in the parking lot in her car). She would not accept any other payment method. The contract stated, that agency is only entitled to 20% of my money back in case I loose a job without my fauld. And even then after I fulfil my responsibility of geting the statment from the employer, that there where no my fault. I requested the special handwritten statement to be signed on the bottom of the contract. That stated if I loose the job within 10 days without my fault, the agency will return the money back in full. As I understand now, I'd better would insist crossing the line out where it sais it's my responsibility to provide agency with statment from the employer there was not me fault. Now I'm sorry we did not do that. I was fired on my first day of work, March 6, 2004, without my fault. (the elderly lady I was taking care of was screaming on me with no reason all day, and when I requested her not to scream, she announced that I am fired and ordered me to leave her apartment. In fact, she was the crasiest person I ever met, and I dont think she is mentaly OK, even though her condition might be undiagnosed) To ad to the confusion, the elderly lady was supposed to pay 85$/day, and her "grandson" to ad 15$/day without her knowing, because the daily pay in that job was 100. Upon ordered to leave elderly ladies appartment, I have contacted the agency immediately, and she promised to return the money beck in two days. The next day she called me, and said she does not have time to return the tommorow, and promised to do that in two more days. And again she used an excuse (she is too busy), and postponed the return of the money for two more days. Jhat continued for two weaks. I tried to confront her, saying that she does not nead time, besause I can come to any location any time to meat with her, but she would refuse to meat with me any time sooner than after two days, only to postpone that with another excuse. After 2 weaks of this, she changed her tactics. Now she started asking of my address, and claiming she's gonns send me a money order. I gave her the address, and she called me the next day, saying she already sent me the money. 3 days has past since with no letter received. I'm sure it's jush another lie of hers, and that she never sent me the money. I'd like to complain not only about me not being able to get my money back, but I have other concerns: 1. I feel accepting just the cash, but not any other payment method might not be legal. 2. I feel the "contract" the agency is using does not comply with the law regulations either. There is no address, no name of the agent (only signitures and Sunrise Employment Agency stamp and the telephone number), and the statements are impossible to fulfil (e.g. how can I get a statement from the elderly lady, when she is crasy and thinks differently) 3. I was not able to locate that a company under that name "Sunrise Employment Agency Inc." has been even registered in Illinois. 4. I feel that the agency has worked out an illegal scheme how to collect and not return the money. I fear that I'm not the only victim. My speculations are based on that: there where more than 35 caregivers fired in this particular job aloneduring one year period, the agency is not running any background check of the employees, which leads people who are not legally allowed to work in the US being employed, and consecutively not complaining about lost money upon being fired. Could anyone please to come up with an advise on how to get my money back, and also what chances would you think are of going and wining in small claims court. Sincerely, Ruta
In my state, employment agencies are regulated by the state government. If that's true in Illinois, the first step is to contact the state agency and file a complaint. You can also sue in small claims. You have a good chance of winning in small claims. When you tell your story to the judge, you should mention that the contract clause which requires you to get a written statement from the employer was waived by the agency. The agent told you she would return the money. That was a promise and a waiver of the contract clause. You relied on that promise by not going back to the grandson or the grandmother to ask for a written statement. McGyver
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