Public Mediation

Intermark Inc.-Dispute-#3227094

A. H. vs. Intermark Inc.
13350 Holmes Road, Kansas City, Missouri, 64145, United States
Amount Involved: Other terms
    • Claimant Seeks: 1 non-monetary items.
    • Claim #: 3227094
    • Amount Involved: N/A
    • Filed On: Dec 18, 2012
    • Posted On: Dec 29, 2012
    • Complaint(s):
      • Contract / Agreement / Promise dispute
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"My former Employer owes me $20,000 in annual bonus money for the year Oct 2011 to Oct 2012. Through a mutual agreement I left the company on 21 September, 2012. Upon my departure, the CEO/Owner stated that my final pay would include the remaining portion of my annual bonus. The annual bonus was $30,000, paid in three increments of $10,000 each during the year. The first payment was due at the begining of the contract year. However it was not paid. Since I left the company approximately 20 days prior to the end of the contract year, the remaining portion due me is $20,000, in accordance with my contract. Since 21 September the company has failed to comply with it promise to remit payment.

In addition to the final bonus payment, the company promised to ship my personal belonging from Afghanistan since it was the decision of the CEO that I would work out of the main office in Kansas City instead of returning to Afghanistan. These things consist of my personal clothing and other personal items. The company has also failed to comply with its promise to ship my personal property back to the States."
...
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Exhibits View
Additional Communication Between Claimant and Intermark Inc. Hide
  • Dec 27, 2012, Intermark Inc. (responding party) added:

  • The contract was not renewed.

  • Dec 28, 2012, Intermark Inc. (responding party) added:

  • When you left the company, you had a negative leave balance of 100 days. Based on your compensation of $180,000.00, you owed the company $49,397.26 when you left. Your final bonus amount of $10,000.00 was subtracted from that debt. You worked for us just short of two years and took 173 days off. Your contract called for 30 days of annual leave and 8 days of sick pay. I told you that you would be receiving a letter explaining the details and that if you had any questions, once you read it, we should talk then.You received the letter on December 20th. You have chosen to use this forum rather than talk person to person however, you should withdraw the complaint from this public forum and speak with me.

  • Dec 28, 2012, Claiming party added:

  • 1. Your grounds for disagreement is unclear. Upon my departure from Intermark I was promised that payment would be made to me acknowledging that I was still due the annual bonus in accordance with my contract.

    2. Your disagreement with the terms are unclear. Please explain.

  • Jan 29, 2013, Claiming party added:

  • I would be willing to negotiate the "Final Pay" if Intermark would send my personal property to me from Afghanistan as promised back in September, 2012.

What Claimant Wants Hide
Message from Claimant: The terms of my claim are in accordance with what was promised by Intermark upon my departure for the company. It was clearly stated that I would receive my bonus pay and it was stated that my personal items would be sent to me from Afghanistan. In fact, during my last phone conversation with you it was your statement "I though your items had been sent". You went on to say you would get this done. It has now been some two months since that conversation and still no word from Intermark addressing the shipment of my personal items. Concerning the final bonus pay there was nothing in my contract addressing accured leave, or overdrawn leave. If there was an issue about leave, why was this brought to my attention before? I still content that Intermark made a promise to pay with no conditions attached. I am asking that Intermark honor its commitment as promised. The verbal promise as well as the email stating that my final pay would be paid in monthly increments is proof that Intermark made the commitment to pay without other conditions. Again, I will withdraw the claim pending Intermark's decision to reconcile its commitment. I have already been harmed by Intermarks actions. I am willing to discuss the issue, but I can't agree to the terms that has been stated by you.
What By When How Much
1. Come to the table with better terms Jan 23, 2013 N/A
Non-cash: 1 items
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
Message from Intermark Inc.: I am requesting again that my personal property that is still in Afghanistan be sent to me.
What By When How Much
1. Personal property in Afghanistan Mar 16, 2013 N/A
Non-cash: 1 items
  • 0
Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
Offer History
Dec 18, 2012
Claimant's Terms of Settlement to Intermark Inc.
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  • Comment: by Your worst nightmare — Online mediator
    • On: 09-12-2013
    View more
  • Karen is a lair and a cheat. Remember lairs and cheaters will rot in hell.
  • Comment: by Jennifer Sheehy — Online mediator
    • On: 01-05-2013
    View more
  • It seems here there may be some conflicting information between the parties. In your employment contract, did you have any option of some form of mediation or arbitration available to you to solve employment disputes? One of these options may be a good option for you, as you can have a change to tell your side of the story and show what evidence you have for your side, and your employer would also have the chance to tell their side. If you did not have any such provision available in your employment contract, a third party neutral could be beneficial in this situation.
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