Skip to playerSkip to main contentSkip to footer
  • 2 days ago
#judy#justice#judge#judyjustice

Category

📺
TV
Transcript
00:00You were making a movie.
00:01Yes, Your Honor.
00:02We made a job for him.
00:03This kid couldn't even order pizza, Your Honor.
00:05But you have to pay him.
00:06Even if he's doing a terrible job, you still have to pay him.
00:11Give me a break.
00:12All I know is I came to work today.
00:13I expect to be paid.
00:15This is Judy Justice.
00:30Christian Sanchez is suing his former employer, Juan Vasquez, for unpaid work and defamation of character.
00:43Court come to order.
00:45All rise.
00:46Be seated, please.
00:49Hello, Judge.
00:50Hi.
00:50Case number 2007.
00:52Sanchez versus Vasquez.
00:54You're welcome.
00:56Mr. Sanchez, how old are you, sir?
00:58I'm 26 years old.
01:00And what is your educational background?
01:02I have a bachelor's degree in film that I got from Full Sail University.
01:06I'm currently...
01:06From what?
01:06Slowly.
01:07I'm sorry.
01:08You have a bachelor's degree from?
01:10Full Sail University.
01:11Where is that?
01:12Orlando, Florida.
01:13Orlando, Florida.
01:14That I can hear.
01:15You have to understand, when you're dealing with someone of my age, you have to sort of factor that into your speech.
01:21People who are 26 may be able to follow you.
01:23I'm senior.
01:25I need people to speak slowly so that I can follow them.
01:28I got you.
01:29So, you got a bachelor's degree from a university in Florida and graduated when?
01:34I graduated in 2018.
01:36And from there, what kind of work did you do?
01:38From there, I jumped around a little bit.
01:40I did work...
01:40Okay, you jumped around.
01:41Did your family live in Florida?
01:43No, ma'am.
01:43Where do they live?
01:44They live in Beaumont, Texas.
01:46Did you live with them at all in Beaumont?
01:48No, ma'am.
01:48After college?
01:50Not until the pandemic.
01:51Okay.
01:52Well, the pandemic was in 2020.
01:54Yes.
01:55So, you graduated in June of 2018.
01:58And then the pandemic started on or about March of 2020?
02:04Yes, ma'am.
02:04And March of 2020, you went home to your parents' house?
02:08Yes.
02:08And you stayed there until when?
02:10I'm still currently there.
02:11I started going back to school, actually.
02:14When did you start going back to school?
02:15My first classes were in December of last year.
02:18In Texas?
02:19Yes, ma'am.
02:20Okay, great.
02:20So, you actually had a year and a half out of school when you were hopping around.
02:27Yes, ma'am.
02:27So, I want you to tell me who you worked for in that year and a half.
02:31I was an intern on a documentary.
02:33Okay, and when was that?
02:35That was about a few months after I graduated.
02:38So, maybe September, October?
02:40Yeah, probably around there.
02:42I did a few independent films.
02:44Okay, and what kind of work did you do for them?
02:46Just kind of depended what they needed.
02:48It was mostly PA stuff.
02:49Yeah.
02:50Like a PA.
02:50And for that work, were you paid as a PA?
02:53Yes, ma'am.
02:54And how much were you paid as a PA?
02:55They paid me $75 a day.
02:58Pay you in cash?
02:58They paid me in cash.
02:59Okay, so you did those couple of little projects.
03:02And then what?
03:03I was also waiting tables at the time.
03:05Okay, well, you got to eat.
03:07Right.
03:07After the pandemic hit, my lease was up.
03:10I moved back home.
03:11Decided I would go back to school to get a tech job.
03:13I'm going for cybersecurity right now.
03:15I had heard through a family friend.
03:17Okay, let's stop there.
03:19This case is, I don't think, so difficult,
03:21but relatively interesting for me
03:23because we don't get them all the time.
03:25Mr. Vasquez, you were making a movie.
03:27Yes, Your Honor.
03:27Is this the first movie you ever made?
03:29No, Your Honor.
03:30How many movies have you made?
03:31This was film number five for me.
03:33Written, directed, produced.
03:34Is it a fiction piece or a documentary?
03:37It's actually based on a true story.
03:38So it's a docudrama?
03:40Correct, yes.
03:41See that?
03:42Are you impressed with that?
03:43There you go, a docudrama.
03:46How long a film?
03:4790 to 100 minutes.
03:48We're still in post, still editing.
03:50Keep your voice up approximately how long?
03:53100 minutes.
03:54What was your budget?
03:56It's still in...
03:57About what was your budget?
03:59Then you're going to tell me where you got the financing.
04:00Roughly 120,000.
04:01Where did you get the money from?
04:03A lot of it was my money and other producers.
04:05How much did you put in?
04:06Over 80,000.
04:07And you've got other people in for about 40.
04:10Yeah.
04:10Did you make money on your other films?
04:12I have, yes, in the past.
04:13Okay.
04:14This is what the case is about.
04:15Mr. Sanchez says that he was hired by your company.
04:18And he was hired by your company to work on this last film that you were doing.
04:22And it was a paying job.
04:24And at the end of the period, he was not paid.
04:28And in addition, he says that when he complained about not being paid, you put out there on
04:33social media that you weren't paying him because he was on drugs.
04:36Is that what the case is basically about?
04:38Basically.
04:39It wasn't on social media.
04:40It was through text messages.
04:41He accused me of it, but...
04:42Text messages?
04:44Yes.
04:44Well, that to me is almost social media.
04:47If it doesn't come to me by the U.S. Postal Service, I call it social media.
04:52I know.
04:53Okay.
04:54Did you answer an ad for this job?
04:56No.
04:57I heard about it through a family friend.
05:00And when did you meet Mr. Vasquez for the first time?
05:03We didn't actually meet face-to-face until about Saturday, July 10th, 2021.
05:10Did you communicate via text messages or...
05:13Yes, ma'am.
05:14Emails.
05:15When was the first either text message or email?
05:17The first text message was on Monday the 28th, 2021.
05:23Of June?
05:236-28, 2021.
05:26May I see that, please?
05:27Of course.
05:35I'll get this one, too.
05:36Sorry.
05:46Okay.
05:47Anything else?
05:48Okay.
05:48So, you first met by email.
05:50You say you have one spot available for him as an internship, and then practically immediately
05:55thereafter, you say somebody's family is sick in the crew.
05:59You have a spot for him as an assistant director.
06:01So, Your Honor...
06:03I'm reading this.
06:03Well, you have to tell me what that means.
06:05I need a first AD.
06:08Someone's family is sick and they can't do it.
06:10Correct.
06:11So, what is an AD?
06:12He's basically going to assist me as a director.
06:14Everything from...
06:15Assistant to the director?
06:16Correct.
06:16Okay.
06:17I need a first AD.
06:19Someone's family is sick.
06:20So, that's different from an internship.
06:22Yes, ma'am.
06:22Well, I mean, we do have internships where people don't get paid, and then you have internships
06:27where they do get paid.
06:28Most people now pay their interns.
06:30Okay.
06:31And when you met, because clearly the last email that I just read suggests that you
06:36were approaching the door and you're two minutes away, and then you met the defendant.
06:41Tell me about that conversation.
06:45The thing that I find most troubling here, actually, for the both of you, is he says that
06:52you told him not to tell the rest of the crew that he had COVID because they would freak
06:58out.
07:00Christian Sanchez claims filmmaker Juan Vasquez owes him for unpaid work.
07:17Juan says Christian was an unpaid intern.
07:20Okay.
07:20And when you met, because clearly the last email that I just read suggests that you were approaching
07:27the door and you're two minutes away, and then you met the defendant.
07:31Tell me about that conversation.
07:32So, we met.
07:33We sat down.
07:33I kind of told him a little bit about my background, like I told you before.
07:37He kind of went over, like, what he was expecting me to do.
07:40Just a second.
07:41I want you to tell me what he told you that he wanted you to do.
07:45Managing the set, creating schedules, calling extras, making sure that they were there on
07:49time.
07:50Is that what you told him?
07:51Yes.
07:51Basically assisting me whenever I needed.
07:53Okay.
07:53That sounds like more than a PA.
07:55We didn't ask for PAs.
07:57No.
07:58But what you outlined was clearly more.
08:01What did you agree to pay him?
08:02Never agreed to pay him anything.
08:04So...
08:04How could you do that?
08:05He was an intern.
08:06He was presented to me as an intern.
08:08No, no, no.
08:08Not after this text message.
08:10He said he was looking for an internship, and you said to him, I have a better role for
08:16you.
08:17I need a first AD.
08:19Someone's family is sick.
08:21Whose family was sick?
08:23The name of the person.
08:24I don't recall.
08:26Okay.
08:26When you did a budget, did you have a budget for a first AD?
08:30No, we didn't.
08:31Careful.
08:32Did you have a budget for a first AD?
08:35No, not that I remember.
08:37I usually don't use a first AD.
08:38So, the terminology...
08:40No, no, no, no, no, no, no.
08:41Listen, you know who produces this show?
08:43You want to be careful with what you say around people, you know, who are buying your product.
08:48Sure.
08:49Right?
08:50Because you're going to be presenting them with budgets, eventually, hopefully, for you.
08:54There's no question that if I got this text from you, Mr. Vasquez, I would say, oh, my
08:59God, I'm going to get a different job, a better role, because he says I have a much better
09:04thing.
09:05Somebody who was supposed to do it got sick.
09:07They can't do it.
09:08That's a much different thing from what you describe as bringing me iced tea and setting
09:14up the coffee.
09:15That's a different role.
09:16What did he tell you he was going to pay you, sir?
09:18He told me...
09:21Verbally, he told me that...
09:23Look, careful when you talk to me.
09:25At that meeting, that day, what did he tell you he was going to pay you?
09:30$150 per day for 14 days.
09:33How many days did you actually work on the set?
09:36On the set, I worked 14 days.
09:37It's a lie.
09:38I got COVID on the last two days, and he asked me to work from home, and I still scheduled
09:46and did all that stuff.
09:47I never asked him to work from home.
09:48You got COVID the last two days, so you were actually there 12 days.
09:52Physically there, but I was still working for him.
09:54Who knows?
09:55How do I know that?
09:55I have next.
09:56I would like to see the work that you did from home on day 13 and 14.
10:01$1,800 for 12 days, not including...
10:04Okay.
10:05On those specific days, I have it on my phone.
10:06Could I pull it up?
10:07No, I want to see what you did.
10:09If you did work, you sent emails out, you sent scheduling out, and you would probably have
10:14to have a conversation with your boss and say, I have COVID, but I'll do whatever I could
10:19do from home.
10:20I have all of that.
10:21I'd like to see it.
10:22Yes, ma'am.
10:22Your Honor, if I may interject.
10:24Yeah.
10:24So, he shows up to the set sick with COVID, gets everybody sick.
10:29I had a call the next day of filming because of that.
10:32Are you talking about after he was there for 12 days?
10:34Yes, I'm talking about that particular part, but...
10:37I'm talking about he was there for 12 days.
10:39He didn't have COVID for 12 days.
10:41We don't know that.
10:42Well, who knows that?
10:43I don't know if you have COVID.
10:44We just got tested, Your Honor.
10:45Who knows if you have COVID?
10:48Who knows if I have COVID?
10:50All I know is I came to work today.
10:51I expect to be paid.
10:53I wouldn't come to work if I was sick and laying in bed and feeling nauseous and...
10:57Your Honor, if you had a remote position, that'd be different.
10:59He didn't have a remote position.
11:01I'm not talking about his two days.
11:02He was there 12 days.
11:03No, he did it throughout the course of the project.
11:05He was never on time.
11:06I don't care if he was never on time.
11:08If he was never on time, sir, then you fire him.
11:09If he was not on set.
11:10Listen to me.
11:11Okay.
11:11If he was never on time, then you tell him don't come back after the second day.
11:14But if you let him come for 12 days and do whatever he does, I mean, you know, Mr. Vasquez,
11:20I'm going to make this as painless for you as possible.
11:23There are some employees that I have had over the years that were terrific.
11:29Some not so terrific.
11:32Some terrible.
11:33The terrible ones who were really terrible, who I would have liked to have fired, period.
11:40I couldn't do it because of human resources.
11:44They have a whole protocol, volumes, like an Encyclopedia Britannica, what you have to
11:49go through to fire somebody who's not doing their job.
11:53Right.
11:53But you have to pay him until you can fire him.
11:57If you have him come to work, even if he's doing a terrible job, you still have to pay him.
12:03Now, if he goes home because he's sick and you're not giving him sick leave and you don't
12:07agree for him to work remotely, that's on him.
12:10Does that sound fair to you?
12:11Yeah, absolutely.
12:12I'm so glad.
12:13Unless, of course, you agree to have him work remotely, then you have to pay him for 14 days.
12:18Right.
12:18It starts right there, Your Honor, and then the next two days follow it.
12:29JV, that's you?
12:30Yes, ma'am.
12:31JV, that's you.
12:32So you did, in fact, confer with him from home, tell him to order food, picking it up.
12:37I don't care if he worked for you for a half hour.
12:39He's not your friend.
12:40The thing that I find most troubling here, actually, for the both of you, is he says that
12:47you told him not to tell the rest of the crew that he had COVID because they would freak
12:53out.
12:54Correct.
12:54And he didn't tell the rest of the crew that he had COVID.
12:57Well, you told him not to, and he said, okay.
13:01Well, you have to know, as a good citizen, that's not the right thing to do.
13:04You do understand that.
13:05And, you know, by not having him on the set, we thought that was proper protocol.
13:09No, you're supposed to notify people who you came into close contact with.
13:14You know, I remember they had this whole contact tracing.
13:16I know people call all the time and say, you know, we were out together a month ago.
13:21Everybody that was on the set.
13:22What?
13:22The reality is everybody that was on the set, we did discuss the fact that he had COVID.
13:26So people knew that.
13:27I don't care whether people knew that.
13:29It says here, I won't say anything to the rest of the crew like you said.
13:34Yeah, because I didn't want to freak out.
13:35I understand that you don't want everyone to freak out.
13:37I just find that troubling.
13:39In any event, it's just like killing a bomb in an airport.
13:42You know, that would have created a bigger hysteria.
13:45Well, that's what COVID is.
13:46COVID is a bomb in an airport.
13:47We convey to everybody on the set what was going on.
13:51The reality is this man was presented as an intern, never said paid internship.
13:55Once he got on the set, he tried to strong arm us, then demanded the money.
13:58Once he had all the information on the set, we didn't hire him.
14:02We didn't post a job for him.
14:03We made a job for him because a producer called me up.
14:06This is when nepotism goes bad.
14:07This kid couldn't even order pizza, Your Honor.
14:09He spent $300 at Domino's.
14:11Who spends $300 at Domino's?
14:12Mr. Vasquez.
14:13Then you fire him.
14:15I should have fired him.
14:15Do you understand?
14:16I should have fired him.
14:17Then your recourse is to fire him.
14:20And you're a little company that doesn't have an HR department.
14:24Say, you know what?
14:25What's your first name?
14:26Christian.
14:27Christian.
14:28Christian, you're a nice guy, but it's not working out here.
14:31I'm going to pay you for three days because that's what you were here.
14:34Don't come back.
14:35I'm going to get somebody else.
14:36And you should have done that, Your Honor.
14:38That's what you should have done.
14:39Yes.
14:39But that's not what you did.
14:41You continued to use whatever limited services he provided, even when he was home with COVID.
14:48Even when he went home with COVID, you continued to ask him to do things for your company and
14:55for the film, and that you can't do without compensating him.
15:04You gave him a job.
15:06And if he didn't work out, say, what was the name of that woman from that show that says
15:11you're fired or something?
15:13The weakest link.
15:14Weakest link.
15:15That was the lady.
15:16She was terrific.
15:17Well, anyway, you say you're fired.
15:18That's easy.
15:19Christian Sanchez has accused his former employer, Juan Vasquez, of not paying him for 14 days
15:38of work.
15:39Juan claims Christian was incompetent and never a paid employee.
15:43Okay, even when he went home with COVID, you continued to ask him to do things for your
15:49company and for the film, and that you can't do without compensating him.
15:56You can't.
15:57Okay.
15:58So you owe him $2,100 because I assume you paid him nothing.
16:01Now, let's get to the second part of your claim, which is defamation.
16:05That I'd like to see.
16:06I mean, if you're going to be a producer, if you're going to make film, sir, you have
16:11to understand.
16:12Say you're not working out, you're fired.
16:14Something that I would love to be able to say a lot.
16:17I agree.
16:18I should have fired him right away.
16:19Without risking my house and my car and my dog.
16:24I was taking him on as a basically producer called me, asked me to take him on.
16:30That's why I took him on.
16:31He actually called me and told me how great of a job I was doing.
16:33It doesn't require an answer.
16:35Okay.
16:35And I can show the messages, how he came to be on the set.
16:38He was presented as...
16:39I don't care how he was presented to you.
16:43If your Aunt Tilly said, do me a favor, this is my godson.
16:45It was his Aunt Tilly.
16:46He hasn't been able to get a job since he graduated from college.
16:49He hasn't made a job since he graduated from college.
16:51He's home in the attic of his parents' house playing the guitar.
16:54We want him to have a job.
16:56It's irrelevant.
16:57You gave him a job.
16:59And if he didn't work out, say, what was the name of that woman from that show that
17:04says, you're fired or something.
17:06Well, anyway, you say you're fired.
17:08That's easy.
17:09Do we remember the name of that woman from England who had a show where she said, you're out, get
17:15out.
17:16I don't know.
17:16She was terrific.
17:17Let me see.
17:18The weakest link.
17:21Weakest link.
17:22That was the lady.
17:23Perfect.
17:26It's a direct text message to him.
17:28I never posted on social media.
17:30Oh.
17:30It was actually a group text.
17:31Just a second.
17:32So, Mr. Vasquez, in here, you say to him, this is the second part of his case, which
17:39is for defamation.
17:40And that's okay.
17:42He didn't defame you.
17:43Okay.
17:44Sir, he said they're taking you out of the credits, but you were never promised credits.
17:49In the contract, it says I am.
17:50Let me see.
17:51We're in the contract that said you'd be in the credits.
17:53And I didn't even know there was a contract.
17:55I thought you were...
17:55He's also done this before.
17:57Shh.
17:57Shh.
17:58Shh.
17:58Shh.
17:58Shh.
17:58Shh.
17:58Shh.
17:58Shh.
17:58Shh.
18:00Shh.
18:00Shh.
18:02It says you employed him as an actor.
18:06Your Honor, I'm signing actor agreements every day.
18:08He put that in front of me to sign.
18:10Why would I sign an actor agreement for a first 80?
18:12Just a second.
18:13Sir, is this the agreement he put in front of you?
18:16Or did you...
18:17I sign actor agreements every day on the...
18:19Duh, duh.
18:20You're a business guy.
18:21Yeah.
18:22I'm a business lady.
18:23That looked like an actor agreement.
18:24I don't sign...
18:24That's why I signed it.
18:25Actor agreement.
18:26That's what it says.
18:27Yeah.
18:27He's not an actor.
18:28Don't sign it.
18:29It says you agreed to pay him $150 a day for four days of shooting.
18:36Fourteen.
18:37Fourteen days of shooting.
18:39And that he will be responsible for paying all the taxes on it.
18:43So he was going to be paid...
18:45I didn't write that out, Your Honor.
18:46Kevin, would you show this to him, please, and see if he can identify that as his signature?
18:52I'm going to check here to see if it's a signature.
18:55It looks like a signature to me.
18:57Mr. Vasquez, it appears to be the same signature that you used to sign the answer.
19:01Yes, Your Honor.
19:02So that's your signature?
19:04Yes, Your Honor.
19:04Okay.
19:05And this says, actor shall receive a credit for acting in the film.
19:10Well, that's ridiculous.
19:11You didn't act in the film, right?
19:12No, ma'am.
19:12Well, we're going to strike that out because you can't perform that because you didn't act in the movie.
19:17Do you understand?
19:18I understand, ma'am.
19:19Okay, very good.
19:20And it's clear that whatever this says, based upon this, if you delete one part of a contract,
19:27let me see if I remember, if part of a contract, Sarah, is impossible to perform...
19:31Then it's not fully integrated.
19:33And one party acts on that contract, and you can retain part of the contract because of services that were rendered pursuant to the contract.
19:43You can eliminate one part.
19:45Yes.
19:45So I can eliminate the actor part of getting credit.
19:48So you're not getting credit on this.
19:50You're entitled to $150 a day.
19:52As far as the defamation is concerned, sir, what he said in here was clear.
19:56He said he was told by someone else, which is very possible.
20:01And the only thing that you can produce for me today is this fellow who said you tried to put together a little bit of a drug transaction.
20:10Are you...
20:10No.
20:12Well, then you're irrelevant.
20:13You can produce...
20:14Because if he says, told me, then he's not saying you did this.
20:19He put it in a text to you that this is what he was told.
20:22He said it in retaliation whenever I served him the night before.
20:24The very next morning, he sent me that text message.
20:26I don't care.
20:27I don't care.
20:28He's not a great businessman.
20:30Judgment for the plaintiff in the amount of $2,100.
20:33Thank you very much.
20:34We're finished.
20:34This court is adjourned.
20:36I thought she was very fair.
20:40I'm really, really happy with how the judgment came out.
20:44He was an intern.
20:44Interns aren't paid.
20:45He never said paid internship.
20:46He tried to avoid signing a contract at first.
20:49The reality is, with a budget, we would love to pay the kid, but he costs us more money than he was actually worth.
20:54He lies constantly.
20:56Nothing's ever his fault.
20:57He always makes up a new scenario in which he's the victim.
20:59He couldn't even order pizza.
21:00I mean, who spends $300 at Domino's?
21:02Handed me the actor's agreement.
21:03Told me to sign it.
21:04No more nepotism.
21:05If I don't know him, I've embedded him.
21:07I don't want them on the project.
21:08A little bit weird, but it had everything.
21:10And this kid's going to go be a cybersecurity guy.
21:12Always save your receipts, dude.
21:14Always just keep any sort of communications, even if it's a phone call, send a text or an email that just recaps what you said.
21:21I was so happy to vent for a moment on the current inability to fire inept people and to fire people who aren't doing their job, which has been getting worse over the last quarter of a century.
21:32I actually believe that HR is vital service for people who are unjustly, based on something other than their performance, treated badly by an employer.
21:43And harassment in the workplace, I think, is important.
21:46Anyway, I got that out of my system.
21:48The contract.
21:49Yeah, the contract, I think it was unenforceable to begin because I think the form was clearly erroneous.
21:55It wasn't the proper form.
21:57He wasn't an actor.
21:58Both of them knew he wasn't an actor.
22:00However, it was signed by both parties.
22:02And there was substantial performance on behalf of the plaintiff by showing up to work every day, performing his duties under the contract.
22:09So as soon as he substantially performed the contract, the defendant can't then claim it's unenforceable.
22:15First of all, because he's not an actor.
22:16Exactly.
22:17Yeah, that's what I thought.
22:18Yeah.
22:19No problem.
22:21Want justice?
22:23Go to JudyJustice.tv.
22:24Go to JudyJustice.tv.
22:54Go to JudyJustice.tv.