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Problems with ex employer

ennisdavis

I worked at a place for 20 years and i have to have this ex emplorer to sign off on my experience and time for ncarb and he wont. There is bad blood because i had to turn him into the law for some crimes he was commiting. There is no way around it...he either signs off or i cant get my license. Anyone run into this situation. I was thinking of suing him to see if i could get a judgement but iam not sure that would work.

 
Sep 8, 16 9:46 pm
Flatfish

What does NCARB say about that? I know that years ago when I was going through IDP NCARB had a form for that situation - basically if the employer was dead or refused to fill out the forms you could get 3 other people to submit notarized affidavits about your work there - but I don't know if they still have that option.

Were there any other licensed architects who worked there? If so can you ask them to sign?  That would be your best bet.

Is your boss an AIA member? It's against AIA policy to refuse to help employees toward getting licensed - so you could report him. The AIA doesn't really have any regulatory power, so the worst they can do is officially sanction or censure him - which is really just a shaming letter - but some evil bosses will cooperate to avoid that because they don't want their name in the bad architect part of the newsletter.  

I'm not sure you would get anywhere by suing him.  There's no legal obligation to sign off on IDP - and anyway even if he could somehow be forced, he has the option to say your work was unsatisfactory or your experience is not accurately reported.

Sep 8, 16 10:00 pm  · 
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Non Sequitur

20 years and IDP is not completed? Man...

Sep 8, 16 10:10 pm  · 
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curtkram

Of course the moral is get signatures before you throw your boss under the bus rather than after.  Too late this time though.

Sep 8, 16 10:16 pm  · 
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b3tadine[sutures]

sue the fuck, report him to the AIA if he is, AIA. report to state board, oh, and sue his ass again, you'll get a summary judgement, imho.

Sep 8, 16 10:50 pm  · 
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bowling_ball

How did you not get him to sign off before you ratted on him? Plus 20 years in, and no license? Something tells me that you're not telling us everything.

Sep 9, 16 12:10 am  · 
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nicholass817
nicholass817

Wait...now it's anything older than 8 months and less than 5 years is valued at 50%, and anything beyond 5 years cannot be reported.

http://www.ncarb.org/Experience-Through-Internships/Maintaining-Participation/Reporting-Requirement.aspx

Sep 9, 16 9:56 am  · 
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ennisdavis

I don't have a degree in architecture, I am not IDP, in the AXP program for a trade of experience for a degree. States like Calif except that. BUT......the dick wont sign off that I worked there. Right on b3tadine thats exactly what I will do. I will empty my 401K retirement to sue this guys ass off. Need to find the right attorney, most chase ambulances.

As far as NCARB, I am pissed off at them because they wont do a darn thing. They are the ones that are requiring the sign off but they leave it at that. Its up to the dirty architect who holds people like us hostage. Now I understand why interns take the abuse they do in the office: they need that signoff at any cost.

6 mo rule does not ally to me and my situation. 

Sep 9, 16 10:19 am  · 
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midlander

man, i thought i was sol today when i realized my business trip last month was actually last last month and pretty much about to pass the 45 day cut off for reimbursables. i skipped lunch to get that shit done and signed before the accountant snuck out for his half day friday!

your situation is much worse. being an architect is so hard, and then these meta-authorities make it even harder. good luck with it! maybe don't raid your 401k though... not for this one.

Sep 9, 16 10:58 am  · 
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zonker

you should have thought about that before you snitched on him - 

Sep 9, 16 11:54 am  · 
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curtkram

if you can get punitive damages, the lawyer will probably work for the settlement.  that probably doesn't happen in labor disputes though.  you could prove damages, saying your earning potential is reduced by not having a license.

i am not a lawyer, but i have had dinner with lawyers before.....

Sep 9, 16 12:51 pm  · 
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mightyaa

The kind of attorney you need is one that specializes in worker's rights.  Also talk to the state licensing board and explain the situation; I think you can shoot for malice as well which does a lot to the damages.  I'm sure you can present W-2 information to prove you were an employee and find a couple of those past clients or co-workers who can verify your job.

Sucks, but can be done.

Sep 9, 16 1:01 pm  · 
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chigurh

The only people that win in a lawsuit are the lawyers.

I would need more specifics on the backstory, but I think you should confront your old boss directly - in person and tell him that what he is doing is wrong. I'm sure you are e-mailing him now which will be ignored to end of days.

Sep 9, 16 1:52 pm  · 
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ennisdavis

mightyaa ​, already thought of that and got shot down. NCARB is the one you have to please and they wont validate a W-2 or non architect. Also called the state licensing board, they use NCARB and wont accept anything else. You have to work under a licensed architect. It wasn't like I snitched for him running red lights, he was dipping into every ones 401K retirement funds. Sometimes doing the right thing isn't always the best. This business owner will burn in hell for sure, not the first dirty thing he has done. This is one reason interns are treated like crap and they take it. Its a vicious cycle but they need to kiss butt to get their license.

Sep 9, 16 2:04 pm  · 
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ennisdavis

What if you worked for one architect for 20 years and he died. Even less years, the point is you are screwed if you dont document during that time. In my case, ncarb didnt have these programs 20 years ago

Sep 11, 16 7:43 am  · 
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Non Sequitur

why not document during said 20 years employment?

Sep 11, 16 8:40 am  · 
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thisisnotmyname

Was there another registered architect in the office besides the firm owner?  Perhaps that person could sign the papers for you.

Agree with above posters that the AIA is useless in this situation, the state board could cite and maybe fine him for improper behavior, but I doubt they could force him to sign your papers.

I assume your former boss is lawyered up at this point and you could get a lawyer to formally demand in a letter that he fulfill his obligation to sign off on hours you legitimately completed.  I predict, however, that the old boss will respond by claiming the hours you submitted for his approval were somehow inaccurate and thus could not be approved by him.

The resolution of this would then end up in the court system, and for all the time and expense that would entail, you could probably just do 3 more years of AXP somewhere else.

NCARB sucks.  AXP is a bullsh*t.

Sep 11, 16 10:19 am  · 
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ennisdavis

Like i said, i dont have an achitecture degree..that tradeoff is 12 years..not 3. They didnt have these programs 20 years ago...hence i didnt think to docunent the hours. I am glad other people other then myself think ncarb is crap.

Sep 11, 16 2:23 pm  · 
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