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Discussion in 'The Okie Corral' started by MaxxAction, Sep 27, 2020.
It was a joke, man. Relax.
Maybe, but you are going to pay for the letter. Aside from doing a favor for friends or family, at my normal hourly rate (when I billed hourly) that letter would eat most if not all the money owed, about $450.
So far, nobody has even refused to pay as I read the OP. It’s just the loudmouth making a recommendation to the area manager. Before paying a lawyer, it’s probably worth contacting the area manager or whoever is actually in charge, explain what happened, and demand payment.
There is no “initial consultations are free” rule. I’ve done 30 hours of free work to pitch a case, and I’ve charged standard hourly rates for a first meeting. Free initial consultations are not uncommon, but a lot of attorneys don’t do them. They don’t need to, and it gets rid of the tire kickers.
ETA: On second read, it’s not so clear to me that they are or aren’t refusing to pay. The OP says they won’t pay, but it’s not clear if that’s coming from the company or assumed based on the loudmouth’s comments.
"Look, you owe me for work well done. You owe me. Give me my check or Saul and I are going file a discrimination suit that will absolutely put you on the permanent side of pitiful poor!" Just pay me, that's how you win this one!"
The only advice I saw on here that made any sense to to contact the Department of Labor in that state and make a report.
Most of the rest of the stuff I saw on here made me smile quietly to myself. And I have spent most of my career as a government attorney, much of it in Labor, Employment, and Civil rights.
Jesse didn't win the lottery, and you're not going to be able to shut down a project because of a paycheck. (Liens are another matter, and I won't go into that here.) Contact the state first. If that doesn't work, seek the advice of a private attorney that does labor law. Your local or state bar association can hook you up with one.
Sorry, that's not how it works.
Thats just up the road from me. I hope your son gets what is owed to him. I’m a welder myself, poor management can suck the life out of a work environment.
This is the most important information missing.
If he is a W2 employee then file a complaint with the labor board.
If he’s a 1099 it comes with the territory and it's now a civil matter. He could potentially file a lien on the house which will likely get him paid.
The fact he had a boss if he was a 1099 he may have been misclassified and could make life hell for them.
My attorney who I have retained for several different things over the years will write a letter for me if I ask for no or very nominal charge, maybe dinner somewhere. He says that he would rather help his clients avoid court if he can.
I agree that not all of the details were crystal clear, but I think that may have been the OP not wanting to go to great detail or blow by blow accounting.
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This thought is was prompted my question, as it is a very important detail that seems to have been overlooked by many.
Lots of violent protesting in that area.. hope the contractor does not lose too many windows from gunfire.
Are you saying there was a Trump sign on the construction trailer? Or “Blue lives matter more” on it?
So I sent this guy a message this morning that reads as follows:
Hi Rob, my name is Eric, and I am Jesse's father.
I typically leave them to fight their own battles, but this one is near and dear to my heart since Jesse is not my only deaf child, and honestly, your efforts to screw him out of what he is owed really pisses me off.
Jesse shared with me your unfortunate stance on not wanting to pay him. He also shared with me your emotional, vulgar tirade which included your claims of why you're not going to pay him. Fortunately for us, we have numerous pictures of his work, before and after, where he had gone back to fix other people's shoddy work. So your claim of him messing up a bunch of work is not going to fly.
Let me bottom line this for you. You have 72 hours to pay him what you owe him. If you choose not to, this is what we are going to do.
Our first course of action will be to file a complaint with the Tennessee Department of labor. Not only for non payment, but also for discrimination as according to a couple of other people on the crew, Jesse was the only one singled out to be treated as he was by your guy Nathan.
Next, we are going to file a complaint with the federal government under the Americans With Disabilities act for the reasons stated above.
Next, we are going to file liens on every house in that development that Jesse did any work on whatsoever. If he doesn't get paid those houses cannot be sold.
Finally, I am going to contact D.R. Horton and explain to them that your company is participating in discriminatory practices because of the way Jesse was treated because of his hearing disability.
This could end up being extremely costly for you, over a paltry few hundred dollars. It doesn't mean much to you, but that is 2/3 of his monthly rent payment, so it means a lot to him. Are you truly willing to risk being investigated, having to hire attorneys, and possibly losing your contract with the biggest home builder in the country over four hundred and some dollars? I will leave that for you to decide.
Like I said, pay him within 72 hours, or pay hell. Have a nice day.
That was an unfortunate decision. Though morally right, legally you just threatened tortious interference in probably their biggest contract and coupled it with a demand for payment. You then further coupled it with threats of federal and state reporting of wrongdoing. One could make a very good argument that you are attempting to commit extortion.
Don't ever threaten to exercise your rights in exchange for payment. What you've done is not all that different from what Michael Avenatti was convicted of recently. If you have legal recourse, don't threaten to use it, just use it. That will bring them to the negotiating table without putting yourself in undue legal exposure.
I think extortion is a stretch, if he is not asking for more than is legally owed. I would ask for a jury trial on that.
I think he would win in the end. Or rather, lose less. Nobody ultimately wins if you go to court. But, he did give them something that they can now use to cloud the issue (if they are so inclined). At a minimum, this should have been in the form of a demand letter from an attorney so it would at least be covered under the rules of "settlement negotiations". Plus, extortion is a crime and a tort (as is tortious interference). They could skip filing charges and just pursue the civil route.
And for the record, I am not an attorney, I don't play one on TV, nor did I stay at a Holiday Inn Express last night. This is not legal advice, just a private opinion.
$22 an hour. That's all they pay carpenters there. Ouch....
Is he an apprentice?
Personally, I would prefer the old fashion way of punching him in the face until he came up with the money. However, apparently that is not legal, but it would likely reduce the chances of him doing something like that again, but would land you in jail. Also not a legal opinion.
Yeah......I wouldn’t have sent that......
I would take a deep breath and catch up on Tenn. law concerning employment including ADA employment.
Their are agencies that can help your son, they are also free. Most of the info can be gathered with a phone.
As others have expressed you will gather more flies with honey than vinegar
Good luck to you and your son.