Blood from a stone
March 9, 2017 2:58 PM Subscribe
Wages owed to my partner by a former employer. What should partner do?
I hope someone might be able to offer ideas about this situation; I know you will not be providing legal advice. Here goes:
Frank lived in Massachusetts and worked at Al's Restaurant for 5+ years. Employees that work more than 40 hours/week are meant to be paid time and a half, but Al didn't pay anyone OT; employees just got 'straight pay' and people didn't fuss about it because they needed the money/hours. That is, until someone finally reported Al to the labor board and an investigation ensued.
By this time, Frank had already moved out of Massachusetts, and hadn't worked at the restaurant for a few months, but the labor board informed Frank that Al owed/owes him upwards of $10K. Frank contacted the Department of Labor just after the investigation, etc., and Frank has his case number with the Wages and Hours Division, and those folks told Frank that Al was 'in negotiations' about making payments; Frank could check back about every six months.
Now it's 2 years later. Some of the old employees have been compensated in full. Frank hasn't seen a dime and he was owed the most money by far. He's reluctant to pay an attorney because fees, but the questions are:
1. Would an attorney likely be able to get this money from Al? Al still runs that restaurant, owns a house, a couple of cars, etc. He maybe doesn't have a huge bankroll but he owns things.
2. Will Al be forced to pay up eventually? Is this the kind of thing that just disappears and Frank goes unpaid?
3. Any guess regarding timeframes?
4. Is there anything Frank should be doing?
Also, Frank has been in touch with Al periodically, and Al says he is 'in negotiations.' Whatever that even means.
If you've ever experienced anything like this, we'd so appreciate your help. Thanks! Throwaway email: frankfargin@gmail.com [Frank and Al are aliases :)]
I hope someone might be able to offer ideas about this situation; I know you will not be providing legal advice. Here goes:
Frank lived in Massachusetts and worked at Al's Restaurant for 5+ years. Employees that work more than 40 hours/week are meant to be paid time and a half, but Al didn't pay anyone OT; employees just got 'straight pay' and people didn't fuss about it because they needed the money/hours. That is, until someone finally reported Al to the labor board and an investigation ensued.
By this time, Frank had already moved out of Massachusetts, and hadn't worked at the restaurant for a few months, but the labor board informed Frank that Al owed/owes him upwards of $10K. Frank contacted the Department of Labor just after the investigation, etc., and Frank has his case number with the Wages and Hours Division, and those folks told Frank that Al was 'in negotiations' about making payments; Frank could check back about every six months.
Now it's 2 years later. Some of the old employees have been compensated in full. Frank hasn't seen a dime and he was owed the most money by far. He's reluctant to pay an attorney because fees, but the questions are:
1. Would an attorney likely be able to get this money from Al? Al still runs that restaurant, owns a house, a couple of cars, etc. He maybe doesn't have a huge bankroll but he owns things.
2. Will Al be forced to pay up eventually? Is this the kind of thing that just disappears and Frank goes unpaid?
3. Any guess regarding timeframes?
4. Is there anything Frank should be doing?
Also, Frank has been in touch with Al periodically, and Al says he is 'in negotiations.' Whatever that even means.
If you've ever experienced anything like this, we'd so appreciate your help. Thanks! Throwaway email: frankfargin@gmail.com [Frank and Al are aliases :)]
Call the labor board and ask them what to do, but yeah, everything the answer above recommends.
posted by jbenben at 4:02 PM on March 9, 2017
posted by jbenben at 4:02 PM on March 9, 2017
Find out if anyone else involved has used a lawyer, consult with them or find a new lawyer. A sternly worded letter from a lawyer might make AL care and hopefully would be inexpensive. If not they can advise you on costs and monetary recovery options going forward.
posted by TheAdamist at 4:40 PM on March 9, 2017
posted by TheAdamist at 4:40 PM on March 9, 2017
Many labor and employment attorneys will work on a contingency fee, a % of the reward. Especially if it seems likely the result will be a real monetary reward.
posted by nickggully at 6:18 PM on March 9, 2017
posted by nickggully at 6:18 PM on March 9, 2017
This thread is closed to new comments.
Al might be filing for bankruptcy or getting cleaned out by other people who did hire attorneys. This is something that is worth seeking legal counsel for, especially given that some of the other employees have been compensated - how do you think they got that to happen? By asking nicely? No, probably a lawyer began making demands on their behalf to the Department of Labor, or a lawsuit was filed somewhere which prompted a settlement from Al to the former employee, regardless of his status with the department of labor. DOL investigations take a long time, years is not uncommon, and executing a civil law enforcement judgment also generally takes a long time (esp. if done by garnishment).
You may be able to find an attorney who will handle the case on contingency and not charge fees if he or she does not succeed in recovering the money. Since it sounds like it's a sum that might be too big for small claims court, this is worth asking around for. The attorney should be able to request and perhaps decipher documents from the department of labor that can give Frank a better idea of the specifics of this process and how much Al is really being held accountable for.
posted by zdravo at 3:07 PM on March 9, 2017 [2 favorites]