June 2015 Moms

Now can I get legal?

edited January 2015 in June 2015 Moms
Hi ladies, I posted a while back about my boss and how he made me get on the floor and scrub it right after telling him I was pregnant and just how much of a condescending asshole he was to me. Well when I put in my two weeks and it got rejected and I was finished working there he owed me one last paycheck for a shift that I had worked...it's been a month since I worked that last time and we get paid every 2 weeks...I called him last night and asked him if he had mailed my check like he said he would, to which he responded with "you aren't getting paid, you're not in the system anymore so there's no check of you". I'm not in the system anymore because it's been over a month since I stopped working there, once I told him that he owes me one more paycheck and if I didn't get paid I would get a lawyer, he proceeded to cuss me out and tell at me. Very professional right? I understand texas is a right to work state but I did work and in exchange for my work I should get paid, do I have a case against him now? He discriminated against me while I was an employee, humiliated me and talked down to me, is now not giving me my earned check and cussed me out, I was never unprofessional or rude on the phone.

Sorry if there's any confusion or questions, I'll try to clear things up as people ask, it's a really long story.

Re: Now can I get legal?

  • I'd check with the attorney general and labor board for your state. And a good employment lawyer!
    PCOS- finally pregnant after 3 years of IF treatment, including 4 failed IUI. 

    Lucky IUI #5 currently growing in my belly! 

    Daisypath Anniversary tickers 

     
  • Loading the player...
  • I feel as if that you are not in the system as a current employee, but there should still be records of your last shift. You definitely deserve your pay.

    I agree that legal fees might be more than the check is worth.

    Check out glassdoor.com, if it is a big enough company it will be on there and you can leave a review for future potential employees.
    Pregnancy Ticker

    Baby June Bug is due June 5, 2015
    [[Our first, our little surprise]]
  • I don't know if I still have my time receipts but I still have every schedule that was sent to me and the dates and times I went to work for the last time. We would all leave the time receipts there because that's what we were told during training. I also have coworkers willing to say that I did work that last shift with them before I stopped working there. This man has a temper though and I feel if I do take this up with a lawyer I have a pretty good chance it's just a matter of if all this is worth it. I honestly feel so insignificant and small right now because of how this man made me feel and how he didn't hold back on the phone.
  • Check with your states Department of Labor, they can guide you to the next steps.
    BabyFruit Ticker
  • I can be spiteful so I'd gladly pay more than the check would be worth just to even piss him off more and cost him more money.  Sorry you worked for such and asshole, at least you don't still.

    GSx1 - 05/13/2013
    GSx2 for T&B - EDD 6/21/2015 - They're having a GIRL!

    babybaby
    BabyGaga
  • I remember you. Sorry you are going through this. If you feel like it's worth the battle then go forth! However, if it's going to put more stress on you and affect your health, then that's also something to consider. I don't normally like to lie down and let the bad guys win but sometimes it's not as black and white. Just make sure you look after yourself. Let us know what you decide! 

    Pregnancy Ticker

    EDD: June 10th 2015 ~ Aussie Bumpie~FTM

    ** June 2015 ~ January Siggy - Pinterest Fails**

    image

     

     

  • Thank you ladies seriously, I will take all of the advice I've gotten and consider and weigh all my options. @Mama-Bear‌ and @leenziepops‌ I'm not one to just lie down and take it so we'll see what happens. My dad has some lawyer friends so I'll meet with them first and see what they think is best. I will gladly take more advice or just some funny gifs to lift mine or anyone else's spirits. I love this community, seriously so supportive and amazing! You guys rock!
  • Do you have any friends that are lawyers that wouldn't mind writing a letter for you? I had something similar when I quit my last job, I got a friend to write it up. He threatened to call the labor board and I was paid within two weeks.
  • @rklinge0‌ I personally don't but my dad does, we're going to consult with a couple of them, see what they say and go from there. My former boss' excuse is that I'm no longer in the system, but I was when I worked the last time so there should still be a record of it. Hopefully either he fixes this without getting the courts involved or we drag this out and waste money on something so simple.
  • Most cities have wage and hour laws regarding getting paid for hours worked. I would check that first. Then contact your city or state's labor and industry dept.i Google it really quickly (you said TX, right?) check out https://www.twc.state.tx.us/customers/bemp/employment-law.html esp. The section about payday laws. In PA, they add a fine for not paying wages on time. Good luck!
  • @limgrace77‌ thank you so much! I'm definitely looking into that!
  • Usually a letter from a lawyer or legal office is enough to scare them into paying.
    Hopefully you will get your money soon with very little hassle.
    Good luck.
  • If you can get free legal stuff done, great. Otherwise, I wouldn't bother because you'll spend more money than the check is worth.

    Definitely call your jurisdiction's labor board, though. Not only can they help you get that last check (for free!), they'll be interested to know if someone's screwing around with employee paychecks. Even if you don't get what you're truly owed, unless your former boss is keeping immaculate records, they can probably make his life miserable for a while.
    Pregnancy Ticker
  • If he didn't pay me I would fuck with him!! Slash his tires or egg his house or something just bc he was such a douche to you. Karma is a bitch. I'm so mature!!
  • Disclaimer: This is not legal advice, I have no idea about the laws in your state.

    Do you have a written employment contract from when you started?  Often there are legal/arbitration clauses in there, stating that if any legal action is pursued the losing party will have to pay the fees of the attorney hired by the prevailing party. 
    June '15 January Siggy Challenge.  Pinterest Fails
    image

     Lilypie Fourth Birthday tickers
    BabyFruit Ticker
  • edited January 2015
    @blu-eyedwife‌ unfortunately I don't so I'd be paying out of pocket. :(
  • Tell him you're going to contact the department of labor if he does not pay you your earned wages. That should make him do the right thing. If not, call them and explain your case and they will be able to help you.
  • Not completely relevant but how much is the check?
  • Is this his business or is there someone over his head you could go to? I am just thinking if there is someone higher up you could meet with (with your attorney) you would probably not only get your check but get this jerk fired. If it's his business I am wondering if there is something the BBB could do?
    Anniversary Baby Birthday Ticker Ticker
  • @blu-eyedwife‌ unfortunately I don't so I'd be paying out of pocket. :(

    ***similar disclaimer as @blu-eyedwife‌ - this is not legal advice and I have no background of knowledge of TX laws***

    Don't worry - that could actually be a good thing because you wouldn't have to take the risk that you'll be on the hook for his legal bills if you lost (so if you can get some pro bono help, that's great).

    Agree with PPs that a letter from a lawyer threatening legal action if you're not paid for work done could do the trick. If I were in your shoes, I would probably send him a written demand via email - detailing exactly when you worked (dates and hours) that hasn't yet been compensated for and referring to your conversation and what he said (about his reason for not being able to pay you) and challenge his logic. Make the simple demand that you be paid for work performed. Keep in mind that this is an email you may want a judge to see so craft it appropriately and very clearly (no name calling - sound as reasonable as possible). Make any and all future correspondence WRITTEN.

    Do some googling about TX employment laws and employee rights - very often States put together laymen-friendly websites so the general public can have a clear overview of what the law is. Good luck!!
  • When I was in high school I waitressed over the summer and when I quit, they didn't pay me for my entire last pay period! My mom and I called and asked why, they tried to say I hadn't worked at all those last two weeks! I had proof with my time card and other workers were willing to back me up. Eventually we called the state department of labor and threatened my work with legal action and guess what? ! I had a check waiting for me the next day. People suck.

    Baby Birthday Ticker Ticker
    Baby Birthday Ticker Ticker

    IAmPregnant Ticker
  • No problem @Knottie2024455. My DH got screwed years ago and filing the paperwork in PA was easy. You can probably do the state paperwork by yourself without incurring legal fees. The state usually conducts their own investigation. If the state can't resolve the issue, then contact an attorney (your state/city bar association usually has a list of pro Bono or very low cost attys) to file a small claim. Most small claim suits can ask for reimbursement of all court costs, legal fees, etc as part of your claim.
  • Go above your bosses head.  Does he have a boss you can talk to and explain what happened?  If so, that may be easier than heading straight for a lawyer. 

    If he's the owner or someone at the very top, go to a lawyer.  There is a good chance that he will also be ordered to pay your legal fees if he loses.
  • cls2015 said:
    Go above your bosses head.  Does he have a boss you can talk to and explain what happened?  If so, that may be easier than heading straight for a lawyer. 

    If he's the owner or someone at the very top, go to a lawyer.  There is a good chance that he will also be ordered to pay your legal fees if he loses.
    This or a corporate headquarters/HR department...they are going to want to know about his behavior as it reflects poorly on the company...trust me the last thing they want is bad press...this is my reco from a marketing standpoint as I am not a lawyer.

    Daisypath Anniversary tickers

    image

    image

    Baby Birthday Ticker Ticker BabyFruit Ticker

This discussion has been closed.
Choose Another Board
Search Boards
"
"