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TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4258
Experience:  Contracts, Wrongful termination and discrimination
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Hi. This question is for ZDNlaw. Hi sir. First of all,

Customer Question

Hi. This question is for ZDNlaw.

Hi sir. First of all, thanks for the previous answer. I am very satisfied with it.

I would like to let you know I did send the letter to my last employer. I sent it just the way you suggested. I know the boss already received it and made some changes in the restaurant. She is telling everyone that wasn't on payroll (not getting paid besides tips) to get social securities (fake ones) because she wants to put everyone on payroll.
I want to try to settle with her now. You suggested me say "I am willing to settle my claims against you for assault and for unpaid wages for $________________, which you may pay to me either in one bulk payment or in weekly payments of $________.

If you agree to this, I will agree to sign a release of my claims and will agree to confidentiality regarding you illegal labor practices.

If you do not agree to this within 10 days of your receipt of this correspondence, I will initiate legal proceedings against you.".
Do you know how much is worth asking for?
If you were in my shoes would you get a lawyer or do it yourself? And would this cass interest lawyers?

Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  TexLaw replied 1 year ago.
That's good. I'm glad this pressure is making changes. I think that is the exact way you should state your settlement demand to her.
Customer: replied 1 year ago.

okay. but how about the 2 questions I asked above? : )


 


thanks

Expert:  TexLaw replied 1 year ago.
Sorry about that! :-)


How much were you earning per week?
Customer: replied 1 year ago.

Not that much. on tips maybe 800. The house was supposed to pay me $5 per hour. But my hope was to rely on the "threats" and knowledge of all the irregularities of the place and she is afraid I tell on her to the department of labor and that the media finds out and spreads that info.


Also there was the threat to beat me.

Expert:  TexLaw replied 1 year ago.
Thanks for your response.

I would ask for $5,000.00 and then settle for between $1,500 and $3,000.00.

I do not think your case has a high value (no offense meant by this, I'm just giving you my honest assessment). The claim you have is for unpaid wages and for the threat of assault. Because of the low value of the claim, a lawyer would likely not be interested in representing you for free (on contingency) as this would not bring in very much money for the attorney. Thus, you would need to either pay a lawyer or file the suit yourself.

In regard to whether the media would be interested in this story, it all depends on whether you know someone who works in the media to whom you could give you the story.
Customer: replied 1 year ago.


Okay!
But do you think it is worth mentioning something about the media to the owner when negotiating?
Or adding that to the settlement email that you suggested me?
I am just thinking of ways she could feel it is better paying then going through other consequences.
And when negotiating should I be careful not to mention some things? Such as her not paying the other staff ?
Thanks

Expert:  TexLaw replied 1 year ago.
I really think you should leave it short just as we've discussed above. It would not be wrong to mention the media, or the fact that she does not pay her other workers properly. But be very careful in saying this...

Something like "Should we not be able to settle this matter, my claim of course would involve notifying the local media regarding your business practices as well as a disclosure of your failure to properly pay your employees."
Customer: replied 1 year ago.


Alright. Just to clarify:


This the you stated above in quotes is what I should say or should not say?

Expert:  TexLaw replied 1 year ago.
Yes, what I said in quotes is what you should say :-)
Customer: replied 1 year ago.

thank you so much!

Expert:  TexLaw replied 1 year ago.
You are welcome. Please remember to rate the answer to this question!

Best of Luck,
ZDN
Customer: replied 1 year ago.


Alright sir. I am typing the email right now. I am sorry for asking again.
But are you confident that the phrase:



"Should we not be able to settle this matter, my claim of course would involve notifying the
local media regarding your business practices as well as a disclosure of your failure to properly pay your employees" would not be cpnsidered blackmail? I am just making sure not to take risks : )
Expert:  TexLaw replied 1 year ago.
As long as you phrase it that way, then no, it is not blackmail.
Expert:  TexLaw replied 1 year ago.
Hi,

I noticed you have not rated my question. If you don't rate it, then I don't get paid for my work (the website keeps your money all to themselves and does not give me my share).

I'm sure that's not what you want, so please rate my answer positively.

Thanks,
ZDN
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4258
Experience: Contracts, Wrongful termination and discrimination
TexLaw and 6 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


sorry about that, sir : )

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