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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11249
Experience:  Significant experience in all areas of employment law.
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Can I place a claim to labor department if a person doesn't

Customer Question

Can I place a claim to labor department if a person doesn't have contract and just worked 2 weeks?
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you.

Yes, absolutely a complaint can be filed. There is no requirement that a claimant be employed for any particular duration before filing, nor is there any requirement that they have a contract.

I hope this helps.

Expert:  Patrick, Esq. replied 1 month ago.

Hello again,

I just wanted to followup because this question is still open. Were you able to view my answer?

Patrick

Customer: replied 1 month ago.
If a móvil mechanic promise to fix a car and never fix it, but the previous owner of a shop hire him just to fix that car and new owner of shop let them do the job there, can the mechanic pretend that he needs to get paid by day and ask for more money because is doing the job at a facility?
Expert:  Patrick, Esq. replied 1 month ago.

My apologies but I do not understand the situation you have just described. Can you try to re-explain?

Customer: replied 1 month ago.
Can the mobile mechanic place a complaint for a business that has different owner than who ask him to fix a car . I mean from previous owner?
Expert:  Patrick, Esq. replied 1 month ago.

Thank you. The mechanic would have a claim against the owner that asked the mechanic to perform the work. A previous owner that did not benefit or profit in some way from the work would not be obligated to pay. I hope that clarifies.

Customer: replied 1 month ago.
Who asked to perform job was the old owner, = not owner anymore and business change owner and name
Customer: replied 1 month ago.
Already
Expert:  Patrick, Esq. replied 1 month ago.

Thank you. What would matter then is which owner received payment from the customer. If neither owner received payment from the customer, then it is unclear who the beneficiary of the mechanic's work was, and the mechanic can probably sue both owners as joint employers for the unpaid earnings. Again, I hope this helps.

Customer: replied 1 month ago.
Because car wasn't fix, not even got started, and mechanic receive payment by personan check, he wants to get more money for overtime which didn't exist, can he still barras the person who paid him and be able to get more money out of that?
Customer: replied 1 month ago.
Customer didn't pay because vehicle was not fix. The new owner charge and had his mechanic fix the car and made an invoice
Customer: replied 1 month ago.
Under new business
Expert:  Patrick, Esq. replied 1 month ago.

Sorry, I really am not understanding the situation. I apologize but I really need you to re-explain.

Customer: replied 1 month ago.
I transfer my business and had a mobile mechanic fixing a car that was broken before new owner took over, I paid mechanic for that job and new owner let him work on the shop because it was very hot weather, after few days he wasn't able to fix car and I asked the owner of the shop to fix it because this mobile mechanic wasn't capable to
Make it start.
Expert:  Patrick, Esq. replied 1 month ago.

Thank you for the clarification. I don't see how the mechanic would typically be entitled to claim any additional compensation from you based on the facts you have described. I hope this helps.

Customer: replied 1 month ago.
This mechanic now is pretending he was working for the shop, not for me that I wasn't owner of the shop any more and he is asking for overtime and wanted to work for the shop
Customer: replied 1 month ago.
He went to labor department and is asking me for overtime, I'm a woman and I was scare because of his insults and even paid him $ 750 for a job that takes 3,5 hrs, he still want more money because he spend days and wasn't able to fix it
Customer: replied 1 month ago.
I had to pay to the shop to have it fix and also he. Role parts that I had to pay extra . CAN HE STIL FET MONEY IF HE CALL LABOR DEPARTMENT? I'm not owner anymore
Expert:  Patrick, Esq. replied 1 month ago.

I am very sorry for all this. I believe I have answered your question as best I can. Unless there was an actual employment relationship then there can be no liability for unpaid wages. Filing a wage claim does not change this. I truly wish you the best in resolving this matter.

Customer: replied 30 days ago.
I had to pay to the shop to have it fix and also he. Role parts that I had to pay extra . CAN HE STIL GET MONEY IF HE CALL LABOR DEPARTMENT? I'm not owner anymore
Expert:  Patrick, Esq. replied 30 days ago.

I don't think I can be of any further assistance as I don't have anything new to add. So, I will opt out in case any other attorney has further information or insight. I wish you well.

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