How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TJ, Esq. Your Own Question

TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 10036
Experience:  JD, MBA
9373668
Type Your Employment Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

Am 74 years old with muscular dystrophy and am confined to

Resolved Question:

Am 74 years old with muscular dystrophy and am confined to a wheelchair when out of bed.
Have been working for a company doing phone interviews from my home. This I on a 1099 compensation basis since 2006. For the first three years was paid on time. My account with them was current until spring of 2009 when it started going into arrears. The balanced owed to me has been as much as $8,000 and is around the same now. They keep me working like you would keep a donkey walking......by holding a carrot in front of it's nose. Have consulted an attorney about filing a lawsuit to collect the money but can not do that for a few reasons....The case would take a few years to settle, the attorney wants 40% and the "carrot" would be cut off as soon as the suit is filed. Can not survive without the "carrot" in meeting my monthly budget. My question is....are they in violation of any "abuse of senior citizens" or any "abuse of disabled persons" laws or statutes ?
Have tried to get answers from government offices but without any success. Seems to me that their positions are filled with people who are not empathetic to anyone as long as they are getting paid. Will sincerely XXXXX XXXXX advice you can provide. Thank you,

Ray Koncsol XXX@XXXXXX.XXX
XXX-XXX-XXXX
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

Q: My question is....are they in violation of any "abuse of senior citizens" or any "abuse of disabled persons" laws or statutes ?
A: Unfortunately, the answer is no. While they have certainly violated contract law for not paying for the work that you performed, there are no laws regarding this issue that directly deal with seniors or disabled persons and unpaid monies. It's just straight breach of contract.

You're certainly between a rock and a hard place since you are correct that you would likely lose the income if you were to sue. If I were in your shoes, I would probably start looking for some other way to earn income. I would also explain to HR or your supervisor that you depend upon the income to survive, and that you are having money problems because of the $8000 arrears. I would hint that you will be forced to take action if you are not paid. Clearly this needs to be finessed. Ultimately, if you do opt to sue, then you do not necessarily need an attorney if you can make it to court yourself. This sounds like a cut & dried case that could be easily won by showing the judge your records of work and payment. Accordingly, you could save the attorneys fees. But that approach should only be taken once you find another means of obtaining income.

I wish that I could offer a simple way to get the money, but as stated above, you're between a rock and a hard place since you need the income. Accordingly, you should try to find an alternative income source, and then take legal action as necessary.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
Customer: replied 1 year ago.

Doesn't most judges look at those that represent themselves as having a fool for an attorney ? Then would not the attorney for the defendant see it as an opportunity to play legal games, file motions and stall any decision on the part of the judge ? And of course, there would be the paperwork to file the suit.....would it be difficult or could I use the services of a paralegal to assist ? I would be wiling to do all of this upon finding a replacement income. The "carrot" is only $250.00 a week for around $1,000 a month but sometimes it is not paid. I get a lot of "check is in the mail" stories and have many times received less.
When I call the President of the company to say I have not received a check, his standard lie is that he told the book keeping department to send one out so he'll check on it. It has been a frustrating experience cause he'll just let it slide and never call back.

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Q: Doesn't most judges look at those that represent themselves as having a fool for an attorney ?
A: That's a very well known saying, and in most cases very apt. However, I suppose in response to your question, I'd say that it doesn't matter whether the judge thinks that you're a fool. What matters is whether you prove your case. I was envisioning a very straight forward case, hopefully in small claims court where the rules of evidence and procedure are relaxed. However, whether or not you can sue in small claims court depends upon the amount that you sue for, and the limits in your state. If you let me know what state you're in, then I can check. A small claims suit would be much easier for a non-lawyer.

Q: Then would not the attorney for the defendant see it as an opportunity to play legal games, file motions and stall any decision on the part of the judge ?
A: That depends on whether you can sue in small claims court. If so, then the parties are generally prohibited from filing motions and stalling the case. But if you are not in small claims court, then the parties have more latitude to file motions, etc. Of course, in such a straightforward case, it may not matter since it is presumably obvious that you are owed the money.

Q: And of course, there would be the paperwork to file the suit.....would it be difficult or could I use the services of a paralegal to assist ?
A: Again, it depends upon whether you can sue in small claims court. The paperwork in small claims court is rather simple, and it's just a matter of getting forms from the court clerk. If you're not in small claims court, then there aren't forms, so you'd have to draft the paperwork yourself. While you can ask a paralegal for help, the paralegal could theoretically be accused of the unlawful practice of law. That is not necessarily your problem, of course, but it may make it difficult to find a paralegal willing to help. It just depends I suppose on who you find.

So, overall, whether or not you're in small claims court makes a huge difference in the case. And whether or not you're in small claims court depends on how much you want to sue for. It would certainly be easier to retain an attorney, and you'd be more likely to win. But is it necessary? No. I'd suggest retaining an attorney if you can afford it.

Hopefully it won't come to a lawsuit, particularly if you subtly mention that you need the money and that you will need to think about other options if you aren't paid. That is quite vague and open ended, but it may get the president of the company thinking that he should get you paid the money that you're owed.

I truly wish you luck. Please let me know if you need any clarification.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 10036
Experience: JD, MBA
TJ, Esq. and 6 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 
Chat Now With An Employment Lawyer
TJ, Esq.
TJ, Esq.
943 Satisfied Customers
JD, MBA