Any Attorneys in here?

Discussion in 'The Okie Corral' started by MaxxAction, Sep 27, 2020.

  1. MaxxAction

    MaxxAction

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    If so, please read this and let me know how it should be handled.


    This is an issue with my 3rd son, and I want to start by saying that most times I don't "come to their rescue" if they get jammed up in some way, but this one really pisses me off.

    My son Jesse is deaf from birth and is 23 years old. He is a carpenter, and a very good one. He was working as a sub contractor on a job for a very large home builder in Johnson City Tn, and had had the job for about 6 months and was doing great. He even oversaw the jobsite while the boss was on leave dealing with a death in the family, and did great. Then a new guy from another area came to town to oversee the job.

    A few days after the guy shows up, Jesse face times me, and asks me for some advice. He said the new guy on the job, Nathan, is just a couple years older than him, and for some reason, took an immediate dislike to Jesse. He said he doesn't talk, he yells, and cusses. I had taught him a long time ago to advocate for himself where his deafness is concerned. I told him he needs to let people know how to communicate with him, that most people have never been around a deaf person, and just don't know. Jesse said after this overly forceful yelling and cussing had happened a couple times, he pulled the guy aside and told him that because of his deafness, expression, body language, and tone of voice (he can hear enough to tell when someone is pissed off) mean a lot, so if there was something that he wasn't doing, just explain to him in a calm manner, and he would do his best to accomodate. That was three weeks ago, and nothing has changed.

    Mid week last week, the yelling boss shows up, and starts yelling at Jesse about something that wasn't his job, kinda got in his face, and started picking up Jesse's tools to load in his truck because he was going to send him to another house. Jesse said "no, I'm not going to another house, and I am not staying at this house, I quit." He loaded up and went home.

    He is owed 21 hours of pay at $22.00 an hour, and they won't pay him. The yelling guy, Nathan, told the area supervisor that Jesse messed a bunch of **** up, and it should be taken out of his pay. Ironic that Jesse has been the one on this job from the start to go in and fix everyone else's **** ups, especilly where trim and doors are concerned.

    So what recourse does my son have?

    Does the ADA apply to sub contractors?

    From what I read, according to TN labor laws, they can't legally do what they did, even if he did **** something up, is that typically true?

    Like I said, I would usually let him deal with his issues, but this one really pisses me off. I have three deaf sons, and my best friend was deaf from the time I was about 10 until he was killed in a car wreck when I was 37, 20 years ago. It is hard to exist in a hearing world, and much harder when you got someone ****ing with you and messing with your life and livelihood.

    Thanks for any input.
     
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  2. The Father

    The Father

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    Have your son contact the TN Dept of Labor.
    There is no exemption under the law. Tenn. Code. Ann. § 50-2-103 (g)
    this concerns final paychecks.
    Have him add that the owner and temp. head at jobsite said disparaging things about his hearing “disability”.
     
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  3. ede

    ede

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    Yelling cussing guy would have an issue with my methods of addressing his problems.
     
  4. ChuteTheMall

    ChuteTheMall Wallbuilder and Weapon Bearer

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    I'm not an attorney but I've watched a lot of TV.
    There's not enough money involved to interest a good attorney.
    Your taxes at work, take it to your Dept. of Labor.

    [​IMG]
     
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  5. Jonesee

    Jonesee

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    A buddy had a similar run in while working as a carpenter. He put a mechanic's lien on the home and the guy had to settle it before he could close on the house.
     
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  6. NMG26

    NMG26

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    Part time fix last job bs, full time go get another Job.

    There is plenty of that type of labor around right?
     
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  7. MaxxAction

    MaxxAction

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    He's already got another job.

    It's a trade where good craftsmen are always in high demand.
     
  8. NMG26

    NMG26

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    Great, some trades are like that, you can tell the boss to F off and have a job the next day

    I worked with a deaf guy at my last job.......really good with his hands, smart on the computer stuff and got along great with all...........Bronco's fan though
     
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  9. berto62

    berto62

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    I had a conversation with our HR manager at work about this. Wage an hour violations are big business for ambulance chasing lawyers because employers have to pay legal fees. She said from a seminar she went to that Morgan & Morgan was involved in most of the cases that are settled every year.
     
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  10. ThatGuyYouKnow

    ThatGuyYouKnow Custom Title Goes Here

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    You will know if you get an answer from an actual attorney because it will have a bill charging you for their time attached.

    ;)
     
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  11. superseal

    superseal

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    Small claims court...shame the hell out of them.
     
  12. Spats McGee

    Spats McGee

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    What I post is not legal advice, but merely commentary. If your son got adverse treatment that was different than what happened with non-deaf employees, the EEOC might be interested. I believe one of their areas of particular interest is discrimination the basis of disability. I'd be sure to tell them that he was denied his final paycheck, too. Mind you, none of that would preclude him from talking to the TN DOL.
     
  13. jd4223

    jd4223

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    His first complaint should be filed at the Labor Dept. in regards to money owed to him. Hopefully he has some way of being able to document hours worked and money owed. As far as his treatment regarding his so called "Disability" Based on what was said it sounds more like a personality issue. The fact that your son quit doesn't justify a lawsuit on his behalf. He will know immediately if there is any claim for a suit if a lawyer will take his case on a contingency basis. My concerns would be if your son feels he was discriminated against because of his hearing impairment and in the future if things don't always go his way he uses this as a means to file a suit(Not saying yes or no on the validity regarding his original complaint.)I too have a tendency to talk louder than normal when talking to a person who has a hearing impediment(deaf). It's natural to think talking louder or even yelling that the person will be able to understand what you are saying. Now in your sons case the guy was already mad at him so yelling and cursing by the guy seems natural(although not acceptable).Just my opinion.
     
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  14. DeraldR

    DeraldR

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    I am NOT an attorney, but I had an issue with a landscaper who hired my son and then did not pay.

    I visited the job site, (a future LaQuinta Inn) and explained the situation to the general contractors site foreman. Before I left, I made a special emphasis on questioning what county the job site was located, and where the county courthouse was located. I knew that the job could be shut down over a labor dispute, and I made sure that the GC was aware of my intentions if wages were not paid.

    Before I could get home, the owner of the construction company called me, and said that the situation would be taken care of within the hour. Then the landscaper called me and cussed me out for going above him, and refused to pay.

    So, another call to the owners cellphone and the landscaper delivered cash to me the next morning.

    Morale of the story.........Get the GC involved, and if that does not work, go to county building department and file a wage claim, and then the labor department. Keep track of your time and mileage to add to the claim.

    The GC will not risk having the project red-tagged over a 500.00 wage dispute.
     
    Last edited: Sep 27, 2020
  15. Hef

    Hef

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    Was he working as an employee (W4) or a subcontractor (1099)?
     
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  16. DaveD

    DaveD Ex-Mod Moderator Millennium Member

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    Labor Board is your best bet. As an employer, even when we were 100% in the right we would have to pay $5,000.

    If he was on a 1099, move on.
     
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  17. George Kaplan

    George Kaplan emeritus

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    It's the Internet! EVERYONE is an attorney!
     
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  18. 1bigK

    1bigK

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    Beg to differ on that point. Perhaps not enough to go to court over, but often times a letter from an attorney to the company that cites state law, and ADA in this case, plus also outlines the potential costs for them to go to court and lists potential penalties that may be applied towards the settlement (triple damages?) will quite often result in an immediate payoff of back wages hoping that the problem will just go away.

    It is worth at least considering.


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  19. 1bigK

    1bigK

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    Shouldn’t have a bill attached since that would be considered an initial consultation. If some attorney was that desperate to bill even the initial contact, then you know that he/she is a bonafide ambulance chaser.


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  20. 1bigK

    1bigK

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    Or is it that many have had some experiences with wage claims and turd bosses? One of the strengths of having the internet is that you can ask for help or guidance and there are some in the community who have had to deal with similar situations.

    And for the record, ADA is federal law and the penalties for running afoul of their rules are not anything to sneeze at. The OP’s son sounds like he would have no problems as qualifying as a protected person under ADA.


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