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Posted: 3/25/2009 2:57:55 PM EDT
My son is living in Houston, and he has done some work for a man there who runs a body shop. Now the guy owes him about $800.00 dollars and refuses to pay him. No reason given except that he doesn't want to and "what are you going to do about it". He commented that Chris needs to just "Go to court and let the law pay him". I want to just post his mname and business number on a public forum and see what happens. Or should I just get a lawyer? Any other ideas??? fullclip
Link Posted: 3/25/2009 3:27:28 PM EDT
If the work was on a vehicle, maybe some research into the "mechanics lien" section of the Texas Property Code. He may not have an actual lien but if the boss isn't as sharp on the law he may choose to pay as opposed to go to court.
Link Posted: 3/25/2009 3:37:18 PM EDT
[Last Edit: 3/25/2009 3:38:33 PM EDT by captexas]
Don't see how it would get you in trouble as long as you stick to clearly reporting the facts of the situation, no slander or anything like that. Report him to the local chamber of commerce or better business buerau or Texas AG's office. If your son takes him to court and wins, make the other guy pay for the legal costs.

ETA - there are lots of "other ideas" to get what's due, but nothing you would want posted here that could be used as evidence!
Link Posted: 3/25/2009 3:38:50 PM EDT
I say post it so none of us Houston folks ever do business with him.
Link Posted: 3/25/2009 3:44:11 PM EDT
Was he an employee of the shop, or was he a contractor?
Link Posted: 3/25/2009 3:46:50 PM EDT
He didn't work on the guys car, he worked on customer cars for the guy. I very much believe the guy has a track record of this, just a way to get free labor. I would love to take him down.

actually, I would love to do a lot of illegal and perhaps a few immoral, things to the guy. My hate cup is full...fullclip
Link Posted: 3/25/2009 3:56:34 PM EDT
Originally Posted By txinvestigator:
Was he an employee of the shop, or was he a contractor?


He worked as an employee part time.

I think this is a habit of the guy, just a way to take advantage of the kids and get some free labor...fullclip

Link Posted: 3/25/2009 4:14:44 PM EDT
Really not a whole lot you can do unless you are into revenge . But then karma gets in the way.... Small claims court is one option but you will probably never see your money that way either. Unless one of the TV judges calls you and if you agree to appear on their show they will pay whether you win or lose. Judge Alex is one of them...
Link Posted: 3/25/2009 4:18:02 PM EDT
Texas work force commission can take care of it for him. Not only will he pay up, but they are going to bitch slap the dude for doing to your kid.
Link Posted: 3/25/2009 6:06:29 PM EDT
Originally Posted By oldfool:
Texas work force commission can take care of it for him. Not only will he pay up, but they are going to bitch slap the dude for doing to your kid.


That was my first thought. The Texas work force commission doesn't take it lightly when employer's rip of there employees from what I've heard.

Link Posted: 3/25/2009 7:25:42 PM EDT
Yep, looks like your answer is somewhere within TWC, mechanics lien, and negative feedback with BBB and any and all revue forums. Starting with Arfcom!
Link Posted: 3/25/2009 7:33:15 PM EDT
Post his name, the shop name and location and the phone number. The internet will run its course.
Link Posted: 3/25/2009 8:01:27 PM EDT
Originally Posted By fullclip:
Originally Posted By txinvestigator:
Was he an employee of the shop, or was he a contractor?


He worked as an employee part time.

I think this is a habit of the guy, just a way to take advantage of the kids and get some free labor...fullclip






texas wage and hour complaint info
Link Posted: 3/25/2009 8:03:44 PM EDT
[Last Edit: 3/25/2009 8:04:45 PM EDT by pcsutton]
There's likely not much you can do about it legally. You could get a judgement in small claims court...but they are generally unenforceable. No way of enforcing it. Wage and Hour might could help. It's worth a phone call.

It would be a real shame if the guy got popped for something illegal in his shop....no MSDS sheets...fire code violations....drugs in his desk...a short barrel shotgun he keeps around...or something...before he could pay your son! Guys like that are usually full-bore scumbags, and already have a 'reputation' for skirting the law. Ask your son if he saw anything illegal around the asshat's shop while he was working there.

Good luck.

Link Posted: 3/25/2009 8:08:29 PM EDT
[Last Edit: 3/25/2009 8:16:38 PM EDT by bigcbass]
nope
Link Posted: 3/25/2009 8:54:10 PM EDT
Originally Posted By oldfool:
Texas work force commission can take care of it for him. Not only will he pay up, but they are going to bitch slap the dude for doing to your kid.


The Texas Workforce Commission is a paper tiger. While they appear to be very helpful with you filing a wage claim, they have no ability to force the employer to actually pay up.

I won a TWC "wage claim" against a former employer in 1992. Still waiting on that check from TWC.

***That employer later did 84 months for securities fraud, mail fraud and money laundering.
I love karma.

Link Posted: 3/25/2009 9:08:53 PM EDT
Originally Posted By DogtownTom:
Originally Posted By oldfool:
Texas work force commission can take care of it for him. Not only will he pay up, but they are going to bitch slap the dude for doing to your kid.


The Texas Workforce Commission is a paper tiger. While they appear to be very helpful with you filing a wage claim, they have no ability to force the employer to actually pay up.

I won a TWC "wage claim" against a former employer in 1992. Still waiting on that check from TWC.

***That employer later did 84 months for securities fraud, mail fraud and money laundering.
I love karma.




Well, failure to pay wages is a third degree felony.

Texas Labor Code
Sec. 61.019. FAILURE TO PAY WAGES; CRIMINAL PENALTY. (a) An employer commits an offense if:

(1) at the time of hiring an employee, the employer intends to avoid payment of wages owed to the employee; and

(2) the employer fails after demand to pay those wages.

(b) An employer commits an offense if the employer:

(1) intends to avoid payment of wages owed to an employee;

(2) intends to continue to employ the employee; and

(3) fails after demand to pay those wages.

(c) An employer commits a separate offense under Subsection (b) for each pay period during which the employee earns wages that the employer fails to pay.

(d) An offense under this section is a felony of the third degree


Pursue it.
Link Posted: 3/26/2009 3:25:28 AM EDT
Thanks for the help and info guys, thim will start the ball rolliing... fullclip
Link Posted: 3/26/2009 3:26:40 AM EDT
Originally Posted By txinvestigator:
Originally Posted By DogtownTom:
Originally Posted By oldfool:
Texas work force commission can take care of it for him. Not only will he pay up, but they are going to bitch slap the dude for doing to your kid.


The Texas Workforce Commission is a paper tiger. While they appear to be very helpful with you filing a wage claim, they have no ability to force the employer to actually pay up.

I won a TWC "wage claim" against a former employer in 1992. Still waiting on that check from TWC.

***That employer later did 84 months for securities fraud, mail fraud and money laundering.
I love karma.




Well, failure to pay wages is a third degree felony.

Texas Labor Code
Sec. 61.019. FAILURE TO PAY WAGES; CRIMINAL PENALTY. (a) An employer commits an offense if:

(1) at the time of hiring an employee, the employer intends to avoid payment of wages owed to the employee; and

(2) the employer fails after demand to pay those wages.

(b) An employer commits an offense if the employer:

(1) intends to avoid payment of wages owed to an employee;

(2) intends to continue to employ the employee; and

(3) fails after demand to pay those wages.

(c) An employer commits a separate offense under Subsection (b) for each pay period during which the employee earns wages that the employer fails to pay.

(d) An offense under this section is a felony of the third degree


Pursue it.



Thanks, this great. I will persue this today....fullclip

Link Posted: 3/26/2009 6:03:15 AM EDT
Originally Posted By txinvestigator:
Originally Posted By DogtownTom:
Originally Posted By oldfool:
Texas work force commission can take care of it for him. Not only will he pay up, but they are going to bitch slap the dude for doing to your kid.


The Texas Workforce Commission is a paper tiger. While they appear to be very helpful with you filing a wage claim, they have no ability to force the employer to actually pay up.

I won a TWC "wage claim" against a former employer in 1992. Still waiting on that check from TWC.

***That employer later did 84 months for securities fraud, mail fraud and money laundering.
I love karma.




Well, failure to pay wages is a third degree felony.

Texas Labor Code
Sec. 61.019. FAILURE TO PAY WAGES; CRIMINAL PENALTY. (a) An employer commits an offense if:

(1) at the time of hiring an employee, the employer intends to avoid payment of wages owed to the employee; and

(2) the employer fails after demand to pay those wages.

(b) An employer commits an offense if the employer:

(1) intends to avoid payment of wages owed to an employee;

(2) intends to continue to employ the employee; and

(3) fails after demand to pay those wages.

(c) An employer commits a separate offense under Subsection (b) for each pay period during which the employee earns wages that the employer fails to pay.

(d) An offense under this section is a felony of the third degree


Pursue it.


Originally Posted By fullclip:
He didn't work on the guys car, he worked on customer cars for the guy. I very much believe the guy has a track record of this, just a way to get free labor. I would love to take him down.

actually, I would love to do a lot of illegal and perhaps a few immoral, things to the guy. My hate cup is full...fullclip


Prior incidents of this same behavior will go along way to proving it was his intent all along, so get a list of other employees he has ripped off and provide them to the DA


Link Posted: 3/26/2009 6:20:29 AM EDT
Link Posted: 3/26/2009 7:01:23 AM EDT
Originally Posted By fullclip:
He didn't work on the guys car, he worked on customer cars for the guy. I very much believe the guy has a track record of this, just a way to get free labor. I would love to take him down.

<<snip>>

While I can certainly understand your feelings on the matter...regarding the text I snipped from my quote of your post, I'd recommend against making any further comments of that nature in public...especially in a recorded medium.
Link Posted: 3/26/2009 7:14:19 AM EDT
I would also contact the IRS - he maybe taking the money out for pay and keeping it himself. I would bet he cooks his books like Enron.
Link Posted: 3/26/2009 7:50:36 AM EDT
If he has a log of his work done. Then I think he can write a portion, if not all, as a loss on his taxes. I could be wrong.
Link Posted: 3/26/2009 9:04:57 AM EDT
[Last Edit: 3/26/2009 9:13:03 AM EDT by mymojo]
In his spare time, get your son to stand on the sidewalk in front of the shop with a sign that reads "This shop does not pay its workers".

that may seem kinda silly but itd be easier to pay your sont han to have to explain it to his customers.

Link Posted: 3/26/2009 5:36:00 PM EDT
Originally Posted By mymojo:
In his spare time, get your son to stand on the sidewalk in front of the shop with a sign that reads "This shop does not pay its workers".

that may seem kinda silly but itd be easier to pay your sont han to have to explain it to his customers.



I was thinking of doing that myself, just hoping the SOB would want to try to throw someone off the property, or street... fullclip

Link Posted: 3/26/2009 5:55:27 PM EDT
Truth = defense to a defamation claim.
Link Posted: 3/27/2009 11:37:49 AM EDT
Post his info. That will hurt his pocket
Link Posted: 3/27/2009 3:24:52 PM EDT
Originally Posted By FaceTime:
Truth = defense to a defamation claim.


I'm not a layer but I don't think that's accurate.

The only thing that matters in court is what you can prove. The truth doesn't enter into it.

Link Posted: 3/27/2009 6:01:01 PM EDT
Originally Posted By mymojo:
Originally Posted By FaceTime:
Truth = defense to a defamation claim.


I'm not a layer but I don't think that's accurate.

The only thing that matters in court is what you can prove. The truth doesn't enter into it.



You shouldn't think so much . . . . or,
Look before you leap . . . . or,
Don't call someone out, unless you know with 99.9% accuracy you are correct.

Some reading for you (Find Law is your friend):
891 S.W.2d 640, 646
794 S.W.2d 14, 15-16

Link Posted: 3/28/2009 6:48:50 AM EDT
Originally Posted By DogtownTom:
Originally Posted By oldfool:
Texas work force commission can take care of it for him. Not only will he pay up, but they are going to bitch slap the dude for doing to your kid.


The Texas Workforce Commission is a paper tiger. While they appear to be very helpful with you filing a wage claim, they have no ability to force the employer to actually pay up.

I won a TWC "wage claim" against a former employer in 1992. Still waiting on that check from TWC.

***That employer later did 84 months for securities fraud, mail fraud and money laundering.
I love karma.



I had to file a TWC claim to get back pay from a previous employer who was holding my last check as leverage to get me to do more work for them. I think it took about a month before my check showed up, but I got it. YMMV.
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