my boss is refusing to pay me what kind of lawyer do i need

If yours refuses to, you have every right to claim damages and enforce your rights. If you think that your employer is being difficult or delaying compensation deliberately by causing problems, hire a worker's compensation attorney from the Law Offices of Robert T. Edens today.

Full Answer

What to do if a client refuses to pay you?

Jul 05, 2020 · Absolutely not. All the money you’ve earned is your property. If your employer refuses to pay you what you’ve earned, you have every right to sue them for those unpaid wages. This is also true for workers who quit or were fired and haven’t yet been compensated for their final days or weeks of labor.

What happens if a lawyer refuses to take a case?

Jun 16, 2012 · In addition, if you were hired as an hourly employee (not one exempt from overtime pay), it is likely your employer has violated state law by not paying you for your overtime. Depending on the specific facts of your case, you may have many different viable claims. I would suggest you contact a local employment law attorney.

What to do if an employer refuses to discuss wages?

What can I do if my boss owes me money?

John B Steinhart

While I agree with the previous answer, indicating that you need to contact an employment attorney, I would disagree with the idea that your case is a federal one. Indiana has very specific wage/employment laws, which require employers to pay their employees at specific intervals.

Lynda Heather LeBlanc

You need an attorney that deals with employment law.

What to do if client doesn't pay?

If the client still hasn't paid you, send a final demand letter before filing a lawsuit. A final demand is much the same as the debt collection letter described above, but it usually more clearly states that you intend to sue if the client doesn't pay. You can also hire an attorney to write a final demand letter .

Why do invoices go unpaid?

Invoices go unpaid for many reasons. They might get lost in a sea of emails or be misplaced. The person in charge of paying your invoice might be on vacation or trying to juggle many other responsibilities. Companies with cash-flow issues might put your invoice aside, waiting for funds to free up.

Can you catch more flies with honey than vinegar?

Waiting to be paid is stressful to be sure, but it's important to remember you can catch more flies with honey than with vinegar, as the saying goes. You should not shout, be accusatory or threaten your client. Stick to the facts, be firm, and professional.

What do you pay a lawyer for in a contingency agreement?

Sometimes, a lawyer working under a contingency agreement will require that you pay all out-of-pocket expenses, such as filing fees charged by the courts and the cost of transcribing depositions—interviews of witnesses and others involved in a lawsuit who may provide additional information about the facts and circumstances. If so, the lawyer will want you to deposit a substantial amount of money—a thousand dollars or more—with the law firm to cover these expenses. From your standpoint, it is a much better arrangement for the lawyer to advance such costs and get repaid out of your recovery. A commonsense arrangement might involve your advancing a small amount of money for some costs, with the attorney advancing the rest.

Do employment lawyers charge hourly?

Some employment lawyers charge on an hourly basis instead of a contingency fee. This can be advantageous for an employee if the scope of the work is relatively small, such as reviewing a contract or negotiating a better employment package.

How to find a good employment lawyer?

Word of mouth is one of the best ways to find a reputable lawyer. Even if your friends or family don't know any employment lawyers, they might know other lawyers—such as a family lawyer or estate planning lawyer—who can provide a recommendation. Keep in mind that individual preferences for a particular lawyer are guided by intangibles such as personality or your comfort level with the person. Here are a few questions you may want to ask a person who gives you a glowing review of a particular employment lawyer: 1 Did this lawyer respond to all your telephone calls and other communications promptly? 2 Did the lawyer take the time to listen to your explanation and understand your situation fully? 3 Were all the bills you received properly itemized and in line with the cost projections you got at the start of your case? 4 Did this lawyer personally handle your case, or was it handed off to a younger, less-experienced lawyer in the same firm?

Do not sell personal information?

Do Not Sell My Personal Information. If you have a workplace dispute with your employer, you might need to hire an employment lawyer. While some issues can be resolved with open communication, often times, a lawyer is essential to getting compensation or other justice for workplace violations.

What is the state bar association?

Every state in the country has its own bar association, which is typically the governing body that licenses, monitors, and disciplines all lawyers practicing in the state. Many state bar associations operate attorney referral services for use by members of the public for a small fee.

How much does a lawyer charge for a consultation?

However, others will charge a reasonable fee for legal advice. A charge of between $75 and $250 for a one-hour consultation is typical.

What happens if you win a case?

If you win the case, the lawyer's fee comes out of the money awarded to you. If you lose, neither you nor the lawyer will get any money. A lawyer's willingness to take your case on a contingent fee is usually a sign of the lawyer's faith in the strength of your claim.

Can you take legal action against a client over a disputed invoice?

Taking legal action against clients over a disputed invoice should always be a last resort. To give yourself the best chance of getting paid, there are steps you can take to make your payment process as straightforward as possible for both you and your clients:

Can you represent yourself in court?

If you decide to go to court to make a small claim then you can represent yourself in person, as opposed to having a barrister or solicitor represent you. If both you, the claimant, and the defendant have agreed to mediation, the claim will be referred to the Small Claims Mediation service.

What happens if a client ignores an invoice?

If the client has ignored your overdue invoice emails or has been buying time with excuses, the fear of legal action can sometimes be enough for the client to finally pay the outstanding amount. A solicitor will be able to send a formal letter to the client on your behalf.

What is a termination clause in a contract?

You can also include termination clauses for non-payment and retention of title clauses, meaning you keep ownership of your products until they are paid for.

Is your boss above the law?

No one is above the law, including your boss. The National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission protect employees from hostile work environments, discrimination and unfair labor practices. There are also state and local regulations that employers must follow.

Can an employer break the law?

Some employers may break the law before you even get hired. The EEOC enforces laws that prohibit a dozen different types of discrimination and, in most cases, employers can't use those factors in hiring decisions or even ask about them during the interview process.

Can employers fire whistleblowers?

Retaliate Against Whistleblowers. Employers can't fire or take disciplinary action against a worker who complains about illegal activity at their workplace. "In states that don't have whistleblower laws, (employees) would have a claim against retaliation," Kluger says.

How many hours of overtime do you have to work to get paid?

Still, the rules on overtime are straightforward. The Fair Labor Standards Act requires employers to pay nonexempt employees overtime pay when they exceed 40 hours of work in a single workweek. Some states have more restrictive laws on the books.

How long does it take to get a civil case heard?

However, be aware it can take six months to a year or more for your matter to be heard, depending on the agency. Another option is to contact a private employment attorney. These lawyers can take civil action against an employer, which could lead to changes in the workplace as well as monetary restitution.

Do all workplace laws apply to every business?

Not all workplace laws apply to every business and employee. For instance, some small businesses may be exempt from certain requirements, and managers may not have all the same wage protections as hourly workers. What's more, state laws can vary.

Can an employer ask about your age before you get hired?

Some employers may break the law before you even get hired. The EEOC enforces laws that prohibit a dozen different types of discrimination and, in most cases, employers can't use those factors in hiring decisions or even ask about them during the interview process. That means a job application can't ask for your age, marital status, religion or plans to become pregnant, among other things.

Can you be fired for free speech?

You don’ t have the right to free speech at work. If you complain about bullying, a hostile environment or anything that is not illegal, you aren’t protected against retaliation. You can be fired for your speech in the workplace (or even outside the workplace) if you don ’t work for the government. If you write a long letter to ...

What are some examples of misclassification?

For example, they might: misclassify you, telling you that you’re salaried and therefore exempt; require off-clock work, combining exempt and non-exempt duties; require on-call or off-hours work; make you wait to clock in; and pretend not to know you worked through lunch to avoid paying you.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What is the role of a lawyer in a client?

A lawyer must be able to communicate effectively with a client . When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

Can a lawyer represent two clients?

A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer’s interests.

Can a lawyer write a will?

For example, a lawyer may not be involved in writing a will for a client who leaves the lawyer substantial money or property in that will. Keeping Clients’ Property. If a lawyer is holding a client’s money or property, it must be kept safely and separately from the lawyer’s own funds and belongings.

Is it legal to not pay employees?

Laws Against Not Paying Employees. Employers are legally obligated to pay their employees and most businesses are affected by both state and federal laws regarding pay.

Who can bring a lawsuit against an employer?

The Secretary of Labor may bring suit for back wages or file an injunction against an employer. 6. Employees may file a lawsuit if they have been discriminated against or discharged for filing complaints or giving information against an employer.

What are the rules for FLSA?

The U.S. Department of Labor's (DOL) Wage and Hour Division includes administration of the Fair Labor Standards Act (FLSA), which sets standards for minimum wages, overtime pay, recordkeeping, and youth employment. Here are two ways employers can run afoul of the FLSA: 1 An employer having cash flow problems and is worried about meeting payroll must pay non-exempt (hourly) employees their full wage and any overtime due on their regularly scheduled payday. 2 2 In another example, if an employer cuts payments to a salaried exempt employee, the DOL's regulations may mean the employee is no longer exempt and the employee must be paid at least minimum wage plus overtime. 3

Can an employer withhold wages without consent?

An employer cannot withhold a portion of an employee’s wages without their consent, except for withholdings required by law ( FICA taxes, for example). Make sure you have a record of employee agreement for all pay non-required deductions in case of an audit.

Can you deduct wages below the minimum wage?

Paying Below Minimum Wage. You can't deduct amounts from employee wages for such items as shortages, employer-required uniforms, and tools of the trade if they reduce the employee's wages below the minimum wage. 1. State minimum wage rates may be higher than the federal minimum wage. In this case, your business must pay employees at least ...

Can an employee file a lawsuit against an employer?

Employees may file a lawsuit if they have been discriminated against or discharged for filing complaints or giving information against an employer. An employee may file suit to recover back wages (but employees of state governments can't file suits against state employers).

Can an employer retaliate against an employee who files a pay claim?

It's a violation of federal law to retaliate against an employee who files a pay claim, an internal complaint, or a whistleblower complaint against a company. An employer may not retaliate by non-payment, discharge, or any form of discrimination.