I got injured in an accident and I am out of work.
I'm a waitress who JUST got out of training so I don't know how much on average I'd personally make as a waitress yet.
I'm going to be out of work for a bit over a month.
How does a lawyer know how much to sue the other guy for for compensation for lost wages from my job since there is no exact number?
Would he just have to ask my boss to give him an estimate based on what other waitresses usually make?
2006-09-28 10:44:17 · 15 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
that sounds right to me.
2006-09-28 10:48:03 · answer #1 · answered by kitty 4 · 1⤊ 0⤋
Yes, the lawyer should already have an idea of how to handle this situation. If he doesn't then you should be wary. Usually it would be based on a waitress at the same establishment with your experience and ability. There is definitely an average amount to make that could be created with those factors.
2006-09-28 18:29:44 · answer #2 · answered by r_k_winters 2 · 1⤊ 0⤋
Well, checking the other waitresses W2's will get you lowballed as well. Most of a waitresses income will be from tips. Legally, every cent of each tip is supposed to be declared. However, the IRS calculates 8% of sales as the minimum. As most patrons tip 15% you can see that to avoid paying taxes on all of the tips most waitresses will only declare 8%.
Your best calculation would be to find the average sales of the waitress and take 15% of that.
2006-09-28 17:56:29 · answer #3 · answered by David C 2 · 1⤊ 0⤋
The state minimum wage for a waitress, plus the average of REPORTED tips by waitresses at your location.
2006-09-28 17:59:10 · answer #4 · answered by Tommy D 5 · 1⤊ 0⤋
No! You ask another waitress for an estimate, otherwise you'll get lowballed. Figure everything The difference between 5 and 5 thousand seems huge to us, but not to the system. Good Luck
2006-09-28 17:47:33 · answer #5 · answered by breakenschidt 2 · 2⤊ 0⤋
Yes he can do many things, just make up a number, remember when you start a law suit, you first ask for so much, then they come back with a offer something and it goes back and forth.
Next of course they can take a states average wage for that occupation, or they can take the pay of specific people where you work and average thier pay, or ask the manager for thier pay average.
2006-09-28 23:18:18 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I think the only amount they will give you is your minimum wage rate or your per-hour rate since you haven't started working yet.
This happened to me at work, but I was already making tips. In the state where it happened, I couldn't sue the employer. I take it the accident did not occur at work?
Either way, I only got paid whatever the hourly rate was at the time, like $2.15 an hour.
2006-09-29 15:18:28 · answer #7 · answered by Big Bear 7 · 0⤊ 0⤋
Usually this is based upon past earnings (especially since this is such a short time you are being compensated for). So you probably cannot expect much more then you were making during training.
2006-09-28 17:50:49 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Yes, that would be the simplest route. They have to make sure they use the wages of a new waitress, not an experienced one.
2006-09-28 17:47:37 · answer #9 · answered by Anonymous · 1⤊ 1⤋
your fellow waitresses would be best to ask, your job is min wage plus tips.
2006-09-28 18:16:18 · answer #10 · answered by lobo 4 · 1⤊ 0⤋
depends on what kind of restaurant you work in. if you are a waitress at a buffet i am sure your pay rate will differ from that of a steakhouse.
2006-09-28 17:52:29 · answer #11 · answered by morgan 5 · 0⤊ 1⤋