Ripped off big time. What should I do?

Question

I'm a professional musician. I was hired to play 5 nights a week at a swanky Palm Beach restaurant (Deco). The owner seemed very nice. After working there for 2 weeks he gave me a check made out to cash (which at first I didn't realize). I went to cash it and the bank told me there were insufficient funds. I went to the owner who said it was a mistake and I should try again in a couple of days and everything would be fine. I don't know why. maybe I'm an idiot but I believed him and kept working there. One night Governor Bush even came in. To make a long story short I worked there for a month and haven't been paid a dime. He owes me $2000. I looked into small claims court and it costs $200 to file and my friend told me it's hard to collect. Not only did I not get paid but I spent a couple of hundred on gas and turned down other jobs. Am I just screwed?

Wow, I'm really touched by all the great replies. Thank you. I am really going to use a lot of your ideas!

Today there was a story in the Palm Beach Post that said that the owner of Deco, Paul Darrow, was arrested and charged with stealing $177,000 in sales tax receipts.
http://www.palmbeachpost.com/celebrities/content/local_news/epaper/2006/06/28/a2a_jose_col_0628.html

Answer 1

Do you have a contract or something that says he'd pay you? Did you fill out any employment forms (ie tax forms?). If not you could start with the State Dept of Labor since he's trying to pay you under the table (and that would probably cheat the state out of unemployment or the tax form you need at the end of the year for your taxes).

But you mentioned Gov Bush came in. So it must be a high profile restaurant. Maybe go to a local TV station and see if they want to do an expose on an uneithical business.

Answer 2

You are only screwed if you want to be screwed. I don't know why it cost so much to file a claim at small claims court. The cost
does not matter as when you win the loser has to pay all court cost.

It does not really matter as if you don't then you have no way of collecting at all. File your claim after which you can place a lien on his house, car, business or anything else he has of value.

If nothing else when you win your case there are companies that will do the collection for you for a percentage of the payment due. You can find one in the yellow pages or on the Internet.

I hope this has been of some use to you, good luck.

"FIGHT ON"

Answer 3

Did you have any documentation or signed any contracts? You can take him to court and sue for all the troubles he's caused, reimburse you all the money he owes you, put a lien on his property, as well as punitive damages. You might also contact consumer affairs or Better Business Bureau. Get the media's attention and spread the word how he deals his business. Contact IRS that he's committing fraud, contact the INS if you know whether he hires undocumented illegal immigrants.

There is a law where you provided service and he has a duty to pay you, even if it's by verbal because you acted on it and turned other offers down....I don't have my law book with me, but I'll look it up and get back to you if I find anything....

Answer 4

yeah, screwed. Even if it does go to small claims court it's not guaranteed that you'll get paid. I took a guy to small claims court for a car he bought off me and stopped payment on the first check. So he still owed me 1500 for the car. It cost me 300 bucks to file, and a day loss of pay because I had to request a day off work, and I won the case. It's been three years and I haven't received a dime from him. I tried seeking further action, but nothing can be done.

Answer 5

I hate to seem jaded, but the world is full of jerks who seem nice, but turn out to be jerks. If you are a nice person, you naturally assume other who seem nice ARE nice. This is unfortunately often not the case. I think it would be so cool to get back at this dude in some really creative way. Think "outside the box" (hate that phrase, but it says what I mean). I would help, but don't have enough info to come up w/ a good suggestion.The legal system is set up to profit lawyers and protect jerks. It is not set up to help nice people who get screwed over, legally or not.
Did you have a written contract? Maybe you could pursue one of those t.v.station "get the bad guys" "Fox on Your Side" things?

Answer 6

What you should is this: You should go to Legal aid in what ever city you live in file a complaint through them because its free. Then you should write your local paper and call the news media and get your story out in the public eye and rally support and before you know it that place and its owners will be out of business and you might could sue for other monatary damages due to prolonged suffering and financial hardship but you would have to ask legal aid about that.

Answer 7

Word of mouth. Tell everyone you know he didn't pay you. Keep talking....the bad publicity will eventually reach him. When he contacts you, and he probably will, tell him you intend to keep talking until he pays you what he owes you. Restaurants are extremely expensive to operate. He won't want to lose a major block of revenue when it would just be simpler to pay you the $2000 and get you to shut up.

Of course, once he pays you, you should be fair and tell people he did pay you.

Throughout all this, you are speaking the truth so he would have a heck of a time suing you for slander.

I hope it works out for you.

Answer 8

Contact the Better Business Bureau

Answer 9

Take him to small claims court. Bring witnesses and any paperwork or documentation such as the check. You can get the sheriff to collect the debt. They can even put a lien on his property. Also call the DA's office for information. Don't let him get away with it.

Go to www.judgejoebrown.com and get info. He may take your case and he guarantees payment in full.

Answer 10

Judge Judy