Finding a good lawyer?
 

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.

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.

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."

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.

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.

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.

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.

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.

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.

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

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.

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.

did boyfriend declare this income on his tax return?

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.

make sure tipping off the IRS doesn't also land boyfriend in trouble.

Wait. If he's not having taxes taken out, then maybe he is a contract employee instead of an hourly employee. In which case, a whole different set of rules apply. Calling the IRS etc. will get them to scrutinize your boyfriend too. Has he been paying his taxes? (Don't answer that.) You might want to skip the IRS angle. This is getting messy.

1/3 of my income is contract work. You better be declaring it because your employer will, that is why you get a Misc-1099. If you make less than $800(?) the employer does not have to issue a Misc-1099. If you get cash the employer is most likely not declaring it either.

@monnie: Boyfriend hasn't been able to get taxes done yet, he's gonna have to take 'em to a professional because they're too complicated. He will declare it on his income tax return though.
@dana: the funny thing is, the guy claims to be a good x-tian and is always talking up what a good person he is.

In my experience, people who talk up how good they are, are generally more interested in appearing to be good than in actually doing any good in the world.

Well he was required to be there certain hours, but only got paid flag hours which is the way almost all shops pay. He usually gets a W-2, but this guy didn't take taxes out and gave him a 1099. The verbal agreement was he would be an employee with benefits. The benefits never happened, and he tried to get the employer to take taxes out, ect all last year. It was never agreed that he would be a contractor. If he were a contractor, why would he be required to work certain hours if he's getting paid by the job?

That may have been the verbal agreement, but looks like he was a contractor and his good will was abused.

If he got a 1099, then the paperwork is saying he's an independent contractor. That could be a big problem if no taxes have been withheld. There could be a huge tax liability owed by your boyfriend. Independent contractors have to pay all the various taxes and social security, etc.

Did he fill out a W4 when he started working? Was there any paperwork involved when he started his job? The IRS will not be too happy with the boss if your BF filled out a W4 when he started, and no withholdings were made. But if that paperwork wasn't filled out, then the IRS will be looking at your boyfriend to come up with the taxes.

This is messy.

to actually find a good lawyer, you can

1) ask people you know in your town for referrals--you want someone local, after all
2) call the local bar association, ask them for a couple of names of employment attorneys
3) go to findlaw.com and MartindaleHubbell.com and search for info on those lawyers. M-H is peer rated
4) visit them and see if you think they are knowledgeable and their fee is fair

It can get worse. If you're a contract worker, the IRS requires quarterly pre-payments on your expected tax liability unless you can reasonably show you didn't expect to have any tax liability based on previous returns. If they start scrutinizing the boyfriend, they could not only come up with a large amount of taxes they think he owes, they could also slap him with penalties for not paying it "on time" throughout 2010.

Leave the IRS out of it. He's quitting his job, he's got a better one... just walk away from it.

And hope they don't invite themselves into it. If the boss reported that 1099 to the IRS, then they know, and they will expect taxes.

Dern. Boyfriend plans on paying his taxes correctly, that is why he is going to go to a pro to do them. Boss never got the paperwork for Boyfriend to fill out, just kept blowing it off.

If the boss issued a 1099, seems like he never intended on doing it any other way and/or he's covering his ass. The road to hell is paved with good intentions, but the IRS doesn't need roads and is rarely interested in intent. tread carefully. How was your boyfriend paid?

Employee vs. Independent Contractor – Seven Tips for Business Owners

As a small business owner you may hire people as independent contractors or as employees. There are rules that will help you determine how to classify the people you hire. This will affect how much you pay in taxes, whether you need to withhold from your workers paychecks and what tax documents you need to file.
Here are seven things every business owner should know about hiring people as independent contractors versus hiring them as employees.

1. The IRS uses three characteristics to determine the relationship between businesses and workers:
   • Behavioral Control covers facts that show whether the business has a right to direct or control how the work is done through instructions, training or other means.
   • Financial Control covers facts that show whether the business has a right to direct or control the financial and business aspects of the worker's job.
   • Type of Relationship factor relates to how the workers and the business owner perceive their relationship.
2. If you have the right to control or direct not only what is to be done, but also how it is to be done, then your workers are most likely employees.
3. If you can direct or control only the result of the work done -- and not the means and methods of accomplishing the result -- then your workers are probably independent contractors.
4. Employers who misclassify workers as independent contractors can end up with substantial tax bills. Additionally, they can face penalties for failing to pay employment taxes and for failing to file required tax forms.
5. Workers can avoid higher tax bills and lost benefits if they know their proper status.
6. Both employers and workers can ask the IRS to make a determination on whether a specific individual is an independent contractor or an employee by filing a Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, with the IRS.
7. You can learn more about the critical determination of a worker’s status as an Independent Contractor or Employee at IRS.gov by selecting the Small Business link. Additional resources include IRS Publication 15-A, Employer's Supplemental Tax Guide, Publication 1779, Independent Contractor or Employee, and Publication 1976, Do You Qualify for Relief under Section 530? These publications and Form SS-8 are available on the IRS website or by calling the IRS at 800-829-3676 (800-TAX-FORM).

Excellent info!

I guess to drop a dime on the employer, and hope to dodge paying the taxes all himself, he would file an SS-8. But that would certainly bring the IRS to the door. Which may be good, or bad, depending on what the IRS does.

Form SS-8 is interesting. The IRS asks a lot of detailed questions about the relationship in order to determine the worker's status.

sounds like mr mtp might be ok and the employer in the poop for misclassifying, then. could be hard to prove, though. good luck.

the good news is the burden of proof is on boss man to prove to the IRS he doesn't owe them fines, late charges, and back taxes!

Boyfriend is not as hell bent on retribution as I am. :(
Oh well, I guess I can at least leave bad (truthful) reviews. Hopefully steer some people away from that bad situation.

Gawd, what a mess.

I know NADA about your tax and IR system, but here is my two cents.

Verbal agreements are irrelevant. Lawyers and the IRS only care about what can be documented. Look at the paperwork, and ask, what does this prove? That is all you have to go on.

The amount of time and money it will take to fight this could become very big, very quickly. If it is known that BF is involved in legal action with a past employer, this could deter potential future employers.

IMHO ... like the song says, know when to hold em, know when to fold em. I think it is time to walk away. BF got burned, ripped off for 30 hours ... what, $500, $1,000? Sucks, but he'll live. Get new job ASAP and move on. And learn the lesson. Get your contract (or terms of employment or whatever) clear and straight and written and signed before you start. If they won't do this, they're probably a crook.

I believe that Karma is the only thing that makes and breaks a human.......so, be a good doer....!!!!

Yeah. See how long that lasts after BF meets with a tax pro and sees how much tax is owed. He may be in for a very big shock.

Well, you bein' in Texas an all, there is one other way to approach it :shotgun:

Zen, I don't know how it is in Aussie land, but losing a $1000 paycheck can cause us some serious trouble. Plus, its over that, but I don't remember exactly how much at this point. No, he doesn't have any savings because he used them up the last time he was out of a job. We're fine with filing a wage claim, that won't cause any IRS trouble.

I hate guns, just can't stand 'em. His now-former boss is kinda scary too...so I would probably lose.

The gun thing was a joke, of course ... but I thought you had a shotgun in the house. Was that wrong?

The point about walking away from $1,000 wasn't that it isn't a good chunk of money, it was that it will take more time and energy and possibly costs to recover it. This could be wrong, though, depending on your options.

Down here, the health and safety issue would be a biggie. No eye bath, BF gets brake fluid in his eyes? Boss could be looking at prison for that, or at least a whopping fine, and IMHO deserves it.

The wage claim is free, hopefully it won't be necessary though.
Cam did call OSHA(Occupational Safe and Health Admin) on his boss about the hazardous working conditions.

The gun was at my parent's house when I was living with them. I was having bad dreams about shooting someone I love/ect. So I decided to stay away from then on.