my ex boss..

Status
Not open for further replies.

theitalianbaker

New Member
Hello everybody.
I need an advice on what it's happening to me.
I'm a pastry chef and for a year I worked in a bakery in town. I was full time but I didn't have a contract and I never got paid for my vacation time (I'm from a foreign country, I do have a green card but I didn't know my boss had to pay me for my vacation).
I left at the end of August and opened my own business, it's a home based bakery.
when my ex boss and his girlfriend (she is also a manager at the bakery) found it out they were very upset.
Few days later I got a friend request on facebook from a person that was pretending to be in need of a cake, so she placed the order (I have text, email and voicemails). Unfortunately this order has never picked up. I called, emailed and text her several times, no response. I wrote her a private mes on fb, but since I didn't get any answer I deleted the profile from my friend list. A couple of weeks later I got a text at 11.15pm from my ex boss's girlfriend saying that a person called at the bakery trying to reach me (the bakery close at 9!!), so I checked my facebook and the last private mes I wrote got visualized at 11.10pm.
So i put all the pieces together and I figured out that the profile was fake and it was my ex boss's girlfriend was, trying to damage me; she also stole the pics of all my cakes and desserts and upload them on their business page. Not only pictures of cakes I made when I was working there but also pics of food I made at my home for my family. I'm very sure it was her because the fake profile was the only way she could get those pictures.

Besides that one of my ex co-worker told me they are talking bad about me with customers and co-workers, saying I stole some molds (lie) and I messed up their order infos before leaving.

Is there anything I can do to make them stop? I don't have any prove I know, I have the phone number of this fake customer but I don't know how to prove it's connected to her/them.

Please help!
 
I suggest you simply move on with yoru life, stop looking backwards, because you might miss something GREAT in front of you!


NM vacation laws:


http://www.employmentlawhandbook.com/leave-laws/state-leave-laws/new-mexico/

http://www.employmentlawhandbook.com/wage-and-hour-laws/state-wage-and-hour-laws/new-mexico/


In New Mexico, an employer is not required to provide employees with vacation benefits, either paid or unpaid.

NM Dept. of Workforce Solutions FAQs.

http://www.dws.state.nm.us/LaborRelations/Resources/FAQs

If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract.

NM Dept. of Workforce Solutions FAQs.

http://www.dws.state.nm.us/LaborRelations/Resources/FAQs
 
Last edited:
thank you for your answer.

I want they to remove my personal pictures from their business page on facebook.
I believe I can report them for stolen intellectual property, am I wrong?
 
I didn't know my boss had to pay me for my vacation

He doesn't. What made you think he did?

Yes. Pictures of your cakes do not constitute intellectual property.
 
I didn't know my boss had to pay me for my vacation

He doesn't. What made you think he did?

Yes. Pictures of your cakes do not constitute intellectual property.


Well because that's what another employee told me, he had the boss paying for his vacation time because he had too.. I assumed it was right.

how is it possible somebody can steal pics of my work and my design and claim it as his with no consequences?
 
The other employee is wrong.

I didn't say there could be no consequence. I said it wasn't intellectual property.
 
Nothing, Facebook said they couldn't do anything, or Nothing, you didn't report it to Facebook?
 
I report it several times to facebook, once I even wrote a private mes requesting to the bakery to remove my pics. Facebook didn't do anything and they are just ignoring me
 
Okay.

Now, answer this. How much money have you lost because of this, and how are you prepared to prove it?
 
I don't see much of a case here if any - can you answer cbg's questions?
 
Okay.

Now, answer this. How much money have you lost because of this, and how are you prepared to prove it?

I can't prove it and I don't think I lost money because of this. But this doesn't mean they can do what ever they want with my personal pictures.. So is it all about the money?
 
Also, Can you explain me in which case there is Infringement of Intellectual Property? They are using my personal pictures of a product they don't even have anymore!
 
So you haven't lost any money because of this.

Okay. What are your damages?
 
What makes you believe you have anything to sue for if you have no damages (lost no money). If you have damages, what are they as the other responder asked?
 
I don't know how much money I lost but they are advertising their business with my pictures, with my products. So I do think I have a money lost, I don't know how to quantify it.

There was no logo on the pics but it's easy to prove they belong to me (there were taken by my phone, I added on fb long time ago..)
 
Status
Not open for further replies.
Back
Top