Here's my situation. About 2.5 mns back my B/F was working at IHOP as a cook. Originally they hired him in at $9/hr. His first check was for $6/hr. Manager said he'd change it. Second check was also for the same amount. Still no change. In his 6th week he got fired for, get this, "not enjoying his job enough." Now they refuse to pay him his last check. We have called Wage and Hour and they keep saying it's all "tied up in red tape." It's been long enough and we are way behind on our bills. I thought maybe I'd intimidate them a little by dressing up and going over there saying "Hello, my name is. . . I represent . . . if you don't have his check ready by say, a month from now expect to see us in court." Is that legal?
2006-08-16 07:38:34 · 15 answers · asked by melbel 3 in Politics & Government ➔ Law & Ethics
The main problem is he never got paid. Regardless of how much it was an hour, he worked a total of 4 weeks WITHOUT A PAYCHECK to show for it. They know this cause the bank says "the checks" were never cashed. How can they get away with not paying? And what about tax time? He's NOT paying taxes on money he never received.
2006-08-16 07:58:15 · update #1
I am not sure if this is legal or not, but it is a darn good intimidation tactic. You would make a great lawyer! I say go for it!!! Peace.
2006-08-16 07:45:41 · answer #1 · answered by Poetess_4U 4 · 0⤊ 3⤋
Whether it is legal or not is debatable. In most states, practicing law without a license carries with it very stiff penalties, even for a minor first infraction. Do you really want to take that chance?
My best advice is that you should NEVER pose as, suggest that, or claim outright that you are a lawyer, unless you actual are. My other best advice is that you should seek the advice of a lawyer in your area.
Besides, if you actually do what you are asking about, chances are you will not be helping your b/f at all and will likely cause more problems that you untimately resolve. All corporate employees are warned that if a lawyer approaches any employee, they are not to speak to the lawyer, other than to refer him or her to corporate counsel. While you are trying your best to intimidate IHOP, they will simply call your bluff and your b/f will be stuck dealing with their lawyers who get paid to figure out how to avoid paying anything to anybody.
2006-08-16 08:04:18 · answer #2 · answered by www.lvtrafficticketguy.com 5 · 2⤊ 0⤋
I presume you are in the US. I'm not an attorney, but I'm sure it's not legal. Besides, I don't know any attorney that would go to a client's place of business to demand payment, maybe a letter, but not in person (lawyers like to have everything written down for the paper trail).
I would start to put everything in writing, who you talk to at IHOP at W&H, by time and date. Your BF should contact W&H and ask them to put in writing when you can expect to be paid. If you still don't get the money, then you need an attorney experienced in labor/employment law. Good Luck.
2006-08-16 08:00:43 · answer #3 · answered by vbrink 4 · 1⤊ 0⤋
In that particular situation, as long as you did not offer any legal advice, it's arguable that what you did wasn't unauthorized practice of law.
The term "represent" is very fuzzy, and different states have applied different meanings to it. It also depends on how often you pull that trick. A single instance would often be looked at differently than a regular pattern, especially where there was a prior close personal relationship as opposed to doing it for paying clients off the street. Laws vary by state. Check your local listings.
Remember that giving legal advice (as opposed to general legal theory or quoting legal information) is criminal in many states, as the unauthorized practice of law.
It's best to not tread that cliff-edge too often.
2006-08-16 07:46:43 · answer #4 · answered by coragryph 7 · 1⤊ 0⤋
U shouldn't pose as a lawyer but you should go seek one who has free consultation, get some advice and go from there, Maybe the lawyer can send them a letter with their letterhead demanding payment. Some lawyers won't charge you for services unless you win!!! So before you do something Illegal, go get some LEGAL advice!
2006-08-16 08:00:30 · answer #5 · answered by Anonymous · 2⤊ 0⤋
My opinion is yes, if you could stick to just that. Problem is, when you say "I represent" they are going to immediately ask if you are a lawyer. If you say yes, that would be illegal in my opinion. So this strategy is probably not going to get you anywhere. (Also, most people are going to realize that most lawyers don't show up in person to threaten to sue.) Your boyfriend could file suit in small claims court for breach of contract--they would have to take that seriously. Problem is, it's his word against theirs on what he was promised unless he has something in writing, so it's not an automatic win.
2006-08-16 07:51:45 · answer #6 · answered by pecked by birds 2 · 0⤊ 1⤋
I believe that if you're just saying you "represent" him (which you will be doing--representing him by showing up on his behalf) and NOT saying that you're his "lawyer, attorney, etc", you should be fine. You can probably even say you're his "legal representative" and be safe. You don't have to be an attorney to be a person's legal representative. For example, parents might be their childrens' legal representatives, or one could be one's own legal representative in a courtroom setting. I'm pretty sure you'll be fine. Good luck with that, those people sound awful.
2006-08-16 08:03:33 · answer #7 · answered by pisceanwillow 4 · 0⤊ 2⤋
Why not? You could mean small claims court -in which they will probably assume- and you don't even need a lawyer if you go to small claims court. You might want to try it anyway. It is inexpensive and you just tell your story and let them decide.
Also, you're not saying you are a lawyer; they are assuming. Nothing against the law there.
2006-08-16 07:46:28 · answer #8 · answered by Anonymous · 0⤊ 2⤋
Yes that's legal. Hint though......Lawyers don't usually make house calls, they write letters. Note to the b/f, never take a job without an offer letter stating your wage amount.
2006-08-16 07:49:55 · answer #9 · answered by Anonymous · 0⤊ 2⤋
What they want to go to court then you really have to get a lawyer. I say hire a lawyer
2006-08-16 07:44:19 · answer #10 · answered by ♠♣♥Rogue♣♥♠ 5 · 2⤊ 1⤋