My husband's former employer will not pay him a week of work.?

Question

The guy that owes him a week's pay check is a contractor. They had a verbal agreeement he would get paid on a weekly basis. My husband got a better paying job so he had to leave his job. But this guy isn't returning his calls, he has no office but we know he gets work from a legible construction company. What can we do?? Christmas is almost here and we need the money. Any advice would be appreciated. We thought about calling the police on him??

Answer 1

A couple of things come to mind. First, call the Board of Labor and report the situation. Second, put a lien against him. As a contractor he had to put up a bond with the state in order to get his contractor's license. You can put a lien against this.

Answer 2

My advice is not what you want to hear. However, since you asked...my advice is to forget about it. Unless he has something that he can show a small claims court as evidence that there was an agreement to have work performed and that he performed the work, and the other party did not pay, then there is no case. It's so important to get written agreements when you do work...even if its for a friend.

I've learned this -- the hard way -- myself. The police won't do anything about it...it's not a crime. If you think you have evidence that a court would consider (which has to be more than just you saying "We had a verbal agreement"), you can file a claim in small claims court.

It's not likely that you'll get a hearing before Christmas, even if you DO file a claim in Small Claims court. Also, even if you win, unless you have a way to enforce the judgment (ie, you know where he banks, etc), there isn't much point in obtaining a judgment.

My advice -- from someone who's been there -- write it off as a "lesson learned" and move on. Never do things on a verbal agreement again.

Answer 3

Contact the Department of Labor first. You have to be paid for your work.

However, it would be hard to prove much, seeing as it's a verbal agreement. That's why, when there is money involved, it is incredibly important to get it in writing!

I'd suggest trying to find a way to prove when he started working there, and when his last day was. Then account for every paycheck. Your bank should be able to provide you a copy of the checks. That way, you'd be able to show that you got paid weekly, and that you weren't compensated for that last week (20 weeks, 19 paychecks).

Was he being paid legally? The "verbal agreement" thing sounds a little like he was being paid under the table, so to speak. If that's the case, and he hasn't been reporting his income and paying taxes, I'd let it go. The IRS could screw you over a lot worse than the former employer.

Answer 4

It used to be that a man's word was good enough.

Nowadays they say get it in writing.

I'd say your husband has learned a harsh lesson.......... and you guys need to let it go. If you take this to small claims it's going to cost you money to file a claim, take time off work and try and get this loser served. Even if you do win the case, you'll likely never be able to actually get recompensed.

You can file a report with your state's Contractors licensing Board and with the District Attorney's office.

What do you think the police are going to do? There's nothing in writing so it's a case of he said/she said. Which is nothing to build a case on.

Sorry.

Answer 5

This won't be quick, but he should file a claim with the Wage & Hour Division of the US Labor Dept. The police mostly refuse to get involved in "civil disputes." If enough money is involved, an attorney specializing in labor & employment law may take it on because the law provides for the payment of attorney fees in a successful case.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 6

Under federal law, any individual who completes work for an employer must be paid for time worked at a rate of at least $6.15 per hour. Contact your local office of the U.S. Department of Labor, Wage and Hour Division and file a complaint for non-payment of wages.

Also, most states have so-called "wage payment" laws that require payment, typically within 15 days of the completed work or by the next regular pay period. Your state's Department of Laber will have the details.

Merry Christmas.

Answer 7

Do not call the police - this is a civil matter, not a criminal one which means you'd be taking time from the officer's real jobs and they won't be able to help you.

Your remedy is civil court. Was your husband paid in cash? Suing will really bite your husband in the butt if he was so you might just want to write it off (and the contractor would know that). If he wasn't, you might want to pursue it legally.

Answer 8

You can try calling the police simply for these reasons:

1.- The "guy" will see that you are very serious about it.
2.- You initiate propper documentation of this grievance.
3.- The officer, police can route you through more appropriate legal chanels.

Good luck.

PD .-

Verbal contracts!?!? Tsk, tsk, tsk

Answer 9

sounds like he may have been working off the clock, maybe even for cash, if there is not any pay records, time cards or other documentation, it may be impossible to collect. Anyway, you will need to contact your state wage and labor board and file a complaint with them. Even if they get on this case quickly it may take several months to collect the back pay due.
good luck

Answer 10

Possibly small claims court. Or speak to a lawyer. Some lawyers don't charge for the first meeting, and you might qualify for legal aid.
The police are unlikely to want to become involved because it is a civil dispute.
Good luck!