Finding a good lawyer?

[morethanpretty]

Boyfriend is an auto mechanic for a small shop. The owner and himself are currently the only two mechanics and the owner is hardly there. Owner has not paid him for about 30hours of labor done last year on a car that was for the owner's lawyer and therefor part of a payment done to the lawyer. Now his owner wants him to sign a contract stating, among other things, that he cannot work in the area for up to one year after termination and that wages will be paid on a job after the owner has received payment from the customer. The lawyer's car will never be paid because it was a payment from the owner to the lawyer, so if boyfriend signs this, kinda hard for him to collect on that work. Plus thats just ridiculous, he should get paid for a job on the next pay period, not on the owner's own sweet time. Anyway, looking for a lawyer to possibly discuss this over with. Boyfriend's boss has in the past charged a former employee for shit that did not happen in order to not pay wages, ect. Basically he's a liar and thief and boyfriend is worried he is going to find a way not to pay him. Any one know how to find a lawyer maybe? I do not know any here and don't have any experience with what to look for.

[plthijinx]

something similar. example: flight instructor i worked with for the company i worked for a year and a half ago. he did sign a disclosure clause stating that he would not work at the same airport upon termination be it he quit or was fired. after i quit due to maintenance concerns and the twin i was flying crashed a month later mind you, he quit and went across the field to another flight school. mike tried to sue him. did not work. so really, he should get away from the negative environment and find someone positive to work for.

then again i'm only a commercial pilot, ground instructor and electrical designer. but what do i know.

[morethanpretty]

We're mostly worried about the owner not paying him his owed wages, especially the 30 hours from last year. The owner might also try to charge him for "return work."

[glatt]

A lawyer should be retained based on personal recommendations. But having said that, a lawyer will charge close to or more than those 30 hours were worth, so it's not worth seeing a lawyer over it. You can take the owner to small claims court to try to get the money and you don't need a lawyer for that. If your boyfriend can find any documents that can support his story, that will go a long way towards convincing the judge to rule in his favor.

You might be able to find a pro bono program in your location where you could talk to a lawyer for free.

If it were me, I'd suggest finding another job asap, because if this owner will screw him out of 30 hours, he will screw him out of more in the future. Life's too short to work for crooks.

Oh, and he shouldn't sign that contract.

[morethanpretty]

Thank you glatt! I hadn't thought of that. Found a site that had a lot of help information, like this:

Rights in Texas
by: Partnership for Legal Access

What Are My Basic Wage Rights



In most cases you have the following basic wage rights:



· You have a right to be paid the wages or pay you were promised.

· You have a right to get paid on time.

· You have a right to approve deductions taken from your pay.

Where can I get help if I wasn't paid what was promised?


If you can't resolve the problem directly with the person who was supposed to pay you, and you are an employee, you can seek help from the Texas Workforce Commission (TWC) or from a lawyer or legal aid program. If you are an independent contractor you need to get help from a lawyer or legal aid program; the TWC cannot handle your claim.

[sexobon]

Other options:

A collection agency may be willing to take up the claim for less than an attorney would charge while providing more timely results than going through small claims court or a government agency. Many businesses would rather pay up than have their credit ratings marred by a collection action.

Sometimes a business would also rather settle than have a complaint filed with the Better Business Bureau.

[Shawnee123]

that he cannot work in the area for up to one year after termination

mtp...that just pisses me off. My dad was a foreman for a construction company when we were wee ones. The company (who I shall not name) wanted him to sign a contract that he wouldn't work in the area or in a similar vein if he ever terminated employment. My dad refused to sign (this is all stuff my mom told me though I remember them telling us kids at Thanksgiving) and was let go. My parents struggled for a while but dad was soon back on his feet. My dad went on to be very successful, as he was wont to do and worked hard for. So fuck signing that shit.

I hope it works out for your boyfriend. Damn people taking advantage of others. Makes me almost wish there really was a heaven and hell.

[morethanpretty]

Thanks sexobon, I will keep that in mind. For now I plan on printing off the list of rights for him to take to his employer. If that does not work, I found the "wage claim request" on the TWC website that he can fill out and file. Hopefully we'll end up not having to pay any money to a lawyer or collection agency. He has already filed with OSHA for the poor working conditions like no ventilation or eyewash station (he got brake fluid in his eyes the other day so that was especially bad).
He has another job opportunity, the company is better but the hours are horrible. He will try a few other places as well. He is definitely not going to sign, even if it means termination. I've been checking the unemployment benefit requirements, and he should be eligible. Hopefully that won't be necessary though.

@shaw: good for your dad! sounds like a good man.

[glatt]

On the other hand, I bet the non-compete part of the contract is just a bluff on the part of the boss, and is probably not enforceable for a mechanic.

The part of the contract that says your boyfriend doesn't get paid until the boss gets paid is the part that is no good, and the real concern. It's crazy. If you are an hourly worker for a business, you should be paid hourly. It's not like your BF is working for commissions or anything like that. He's an hourly worker. The boss is making it clear that he intends to screw your bf in the future as often as he can. Your boyfriend should really be looking for another job today.

[Pico and ME]

Instead of a lawyer, start looking for another job. That boss is shit.

[morethanpretty]

Pico, he has another job now. The only issue still is that they might not be able to employ him for another 10days or so. The manager of the shop is going to try to expedite that because he's actually worked for them before and only left because his current employer made big promises. His current employer is now trying to say he has only been a contractor for them, not a real employee which is bullshit. The oral agreement was employee and boyfriend has been required to work certain hours. Thats not how contractors work, they don't work for you for specific hours, they show up when there is a job, do it, get paid, and leave.

[footfootfoot]

Originally Posted by morethanpretty

Pico, he has another job now. The only issue still is that they might not be able to employ him for another 10days or so. The manager of the shop is going to try to expedite that because he's actually worked for them before and only left because his current employer made big promises. His current employer is now trying to say he has only been a contractor for them, not a real employee which is bullshit. The oral agreement was employee and boyfriend has been required to work certain hours. Thats not how contractors work, they don't work for you for specific hours, they show up when there is a job, do it, get paid, and leave.

BF's employer is going to be in deep shit if he hasn't been paying tax on BF's wages. Very, very deep shit. The IRS and state tax authority will crawl up boss's hinder with a microscope and make him prove beyond a shadow of a doubt that BF is a subcontractor. look up the IRS definition or your state's definition of subcontractor. If BF doesn't satisfy the definition then boss is well and truly fucked. I know a number of businesses here in New York that have had no end of problems due to this.

[morethanpretty]

Originally Posted by footfootfoot

BF's employer is going to be in deep shit if he hasn't been paying tax on BF's wages. Very, very deep shit. The IRS and state tax authority will crawl up boss's hinder with a microscope and make him prove beyond a shadow of a doubt that BF is a subcontractor. look up the IRS definition or your state's definition of subcontractor. If BF doesn't satisfy the definition then boss is well and truly fucked. I know a number of businesses here in New York that have had no end of problems due to this.

Ooooh! That is good to know. Can we tip off the IRS on this? The guy hasn't been taking taxes out of Boyfriend's paycheck, so I don't if he's been paying taxes on the wages. Which would be really hilarious because the co-owner is a CPA who works with taxes. This whole thing has just become ridiculous, Boyfriend is going to quit today probably and hopefully his new job will come in by mid week next week. He'll make good money there to make up for it (we know because he's worked there before), and I'm not upset about him quitting early, he already has a new job just can't start right away.

[monster]

did boyfriend declare this income on his tax return?

[DanaC]

Sounds like your lad is getting out pronto; that's good.

I'd definately tip off the IRS about the boss though. He's clearly got some bad karma heading his way.

What a twat.