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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32154
Experience:  Employment Law Expert
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Dowell. I'm not sure where to begin as i have several

Customer Question

Hello, my name is***** not sure where to begin as i have several complaints I'd like to file both personal and having to do with tax fraud of my ex-employer Mikel Knight a.k.a. Jason Cross.
I was hired by him as a music promotor and merchandiser. Originally i was told they paid a $5000 a month base pay. Upon starting they then changed that saying it was all commission based, and under tge table pay. While in their employ i had a seizure was taken to the hospital and diagnosed with general epilepsy. At that point they not only accused me of knowing i had a medical condition, but fired me on the grounds that I was epileptic, and abandoned me at said hospital, over 400 miles away from my home. There is much more to the story of course but this is just a short hand version. This company is based out of Nashville, TN.
Please feel free to call me at(###) ###-#### ***** email me back at anytime for either.
Thanks in advance,
Cory McDowell
Submitted: 4 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

How many employees are at the company or close by?

What specific question can I assist with?

Customer: replied 4 months ago.
I'm not sure how many people they "employ" as it is a shady company that does things under the table.
i guess I'm curious about what legal action i can take avainst them
Expert:  Dwayne B. replied 4 months ago.

Many of the discrimination statutes have a minimum number of employees the employer must have before they can be sued. With the ADA, for instance, it is 15 employees working at your office or within a certain distance.

I'm going to ignore those numbers for right now but just remember it could be an issue.

Obviously, they could be sued for discrimination against someone with a disability under the ADA. Their argument that you could be fired because you didn't tell them isn't viable because they couldn't have not hired you because you have a disability.

You can also sue them under the Fair Labor Standards Act for not paying you correctly. You can't sue them for paying you under the table but just be sure that you report that income on your tax return. If you already filed your tax return and didn't declare it then talk to an accountant about amending your return.

There is also a breach of oral contract theory, again based on them not paying you. That is just another way of getting the pay but it is a cause of action you would want to assert in case they claim you aren't covered by the FLSA for some reason.

You definitely want a lawyer to help you with this because it will be complicated. You can find a lawyer by going to and in the section for Area of Practice enter Civil Litigation or Employment Law. Either of those will have the skill set you need.

You also need to talk to them about filing a Charge of DIscrimination through the EEOC. Filing with the EEOC is absolutely required before you are allowed to file a discrimination case and if you don't file with them then your case will be dismissed. You have a limited number of days to file, as short as 180, so you want to talk to the lawyer ASAP and see if they want to assist you in filling out the paperwork but even if you can't find a lawyer right away contact your local EEOC office, you can find the nearest one through their website at, an file the charge so you don't miss the time limit.

Those are the only causes of action that are obvious from the facts although others may develop later depending on what they tell and send to the EEOC during the investigation.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 4 months ago.
Thank you very much, that is definitely more than i knew already, and I'm about 99% sure they employ more than 15 people. There were definitely more than that on the tour.
Also, it may be worth adding. They required certain attire which i had to pay out of my own pocket, these include plain blue jeans, cowboy hat, cowboy boots etc. totaling up to $250 dollars, which i can provide bank card transactions for proof.
As well as when i was left in the hospital they refused to bring me my belongings they had in their possession still. Along with having to have my disabled mother drive over 400 miles to check me out of the hospital.
Is there grounds to make them pay my hospital bill as the incident happened in their employ?
Expert:  Dwayne B. replied 4 months ago.

The expenses for clothing really aren't related although if they promised to repay you for them then you can ask for them under the same "breach of contract" cause of action.

There is a possibility that they would have to pay your medical bills. How did the accident happen and do they have workers comp insurance?

Customer: replied 4 months ago.
The incident was a seizure, at which point i was diagnosed with Epilepsy at the hospital.
And no, no form of insurance was offered at the start or end of employment actually. Once i got in contact with them from the hospital they simply accused, then fired me.
Expert:  Dwayne B. replied 4 months ago.

If they had workers comp insurance, which you aren't "offered", the employe either chooses to carry it or doesn't, then any claim for meds has to be made through workers comp. If they don't then you still have to prove some kind of negligence on their part although it is easier than it usually is with personal injury cases.

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