Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
The problem with the advice to contact an attorney is that you need to be an expert at shopping for attorneys. If you're just an average honest person, who hardly ever has any reason to need an attorney, you probably have no skills at choosing between good attorneys and dishonest incompetent ones. Finding a really good attorney is like finding a needle in a haystack. In between the dishonest incompetent ones and the really good ones is a whole spectrum of borderline ones who are likely to do almost as much damage to your case as the amount of help they provide.
The problem with the advice to contact an attorney is that you need to be an expert at shopping for attorneys. If you're just an average honest person, who hardly ever has any reason to need an attorney, you probably have no skills at choosing between good attorneys and dishonest incompetent ones. Finding a really good attorney is like finding a needle in a haystack. In between the dishonest incompetent ones and the really good ones is a whole spectrum of borderline ones who are likely to do almost as much damage to your case as the amount of help they provide.
He's never had to 'lawyer up' before so I can see this happening. I know I can't get any actual legal advice here but was hoping someone would have some advice.
One thing I don't understand is why your stepfather can't get a copy of the evidence against him. That evidence might help him understand how serious the situation is and what kind of action he might need to take.
So I'm going to make this as short as possible. My stepfather let a guy(we'll call him Rick) down on his luck stay with him for almost 2 years (rent free) to get back on his feet. (He met him at a racetrack)
My stepfather finally kicked Rick out and now he just got the state to come after my stepdad's company saying he worked for him when it's a flat out lie.
The Department of labor called him and said Rick has proof that he worked for the company and it's up to my stepdad to dispute it.
I'm just curious what the hell he could provide to prove something that never happened and what our next course of action should be. It's a super small company and he really can't afford a lawyer so I was just hoping someone may have some insight.
We live in CT btw in case that helps.
Thanks in advance for any help.
Find out what "proof" he supposedly has. Your dad can't dispute something unless he has knowledge of what it is.
To find an attorney that specializes/has experience in LABOR LAW, you can search Martindale.com or contact the bar association in your state for a referral - lawyer referral service. You can also check the yellow pages for an attorney in your area who lists labor law.
What I would do is contact one of the large law firms because there will be someone with labor law as a specialty area of practice.
You need advice on how to deal with the DOL before doing anything.
So, this guy is alleging he worked for your father's company, but he never paid him? I guess the first thing is he needs to call the person handling his case at the labor board and see what he is facing. Is this like $200 or much more. Are there penalties at risk and how much are they.
If he could lose his ability to conduct business for a period of time or face high $ penalties, then it's worth a lawyer as the alternatives are too risky. He should probably ask, I writing for an explanation of the charges he is facing as well as any evidence that has been presented. Usually, it will eventually get to some sort of quasi-judicial hearing where everyone will have to testify under oath.
In kicking the guy out, did he have to take legal actions against him such as eviction? That could be useful as well to produce as evidence as to why he would be falsifying things.
Any way this guy is scamming? I'd want to see this complaint in writing on paper with the DOL letter head. Seems the DOL would have some paper work to provide to your dad. He should get a copy. He should consult a labor attorney asap.
Was this guy getting free board in exchange for work?
So, this guy is alleging he worked for your father's company, but he never paid him? I guess the first thing is he needs to call the person handling his case at the labor board and see what he is facing. Is this like $200 or much more. Are there penalties at risk and how much are they.
If he could lose his ability to conduct business for a period of time or face high $ penalties, then it's worth a lawyer as the alternatives are too risky. He should probably ask, I writing for an explanation of the charges he is facing as well as any evidence that has been presented. Usually, it will eventually get to some sort of quasi-judicial hearing where everyone will have to testify under oath.
In kicking the guy out, did he have to take legal actions against him such as eviction? That could be useful as well to produce as evidence as to why he would be falsifying things.
Agreed.
Also, if your father is running his own business, he must be keeping a ledger for it. That should show what his earnings are, his expenses (which would include any employee wages paid and to which employees) and so forth.
Also, when you hire someone, you are expected to make sure that they are legal to work, and that would require a completed I-9 form. The employee fills out the first page, and the employer fills out the 2nd. If he was never truly an employee, there won't be a record of your father completing and signing the I-9.
So I'm going to make this as short as possible. My stepfather let a guy(we'll call him Rick) down on his luck stay with him for almost 2 years (rent free) to get back on his feet. (He met him at a racetrack)
My stepfather finally kicked Rick out and now he just got the state to come after my stepdad's company saying he worked for him when it's a flat out lie.
The Department of labor called him and said Rick has proof that he worked for the company and it's up to my stepdad to dispute it.
I'm just curious what the hell he could provide to prove something that never happened and what our next course of action should be. It's a super small company and he really can't afford a lawyer so I was just hoping someone may have some insight.
We live in CT btw in case that helps.
Thanks in advance for any help.
Hate to say it but in law cheap is the new expensive. He needs a lawyer. I had one of those matters in New York. Since this is Connecticut, where I'm not licensed I cannot be of much help.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
