To Amber E. A Follow-up question: Prior to any lawsuit being served the person (P) makes an appointment with the company's representative at his home to be paid a sum of money that he agrees is 100% of his overtime
The parties meet and P says he has a lawyer he wants to consult before he accepts the check. Later he says he called his lawyer and told him what happened. He then says he was assured by his lawyer that he would get him more than the 100% of overtime due.
Based on those assurances, he refuses to take the check.
P is then sent a certified letter with the check enclosed offering him once more the entire amount due him. Again he ignores the offer and refuses to cash the check.
Meanwhile no lawsuit has been served on the employer.
In these circumstances and in the event the lawyer files a lawsuit for P in Federal Court
in the hope of obtaining punitive damages
or legal fees etc., or basically of doing what Rule 11 of Federal Civil Procedure
respecting frivolous lawsuits calls ' a misuse of the judicial process for economic harassment
1. The employer defendant seek and likely obtain all costs and damages from both the lawyer and his client?
2. Is a Bar complaint likely to result on sanctions or worse?
3. Can the employee
's refusal to accept payment of money earned impact his current eligibility for food stamps and welfare and would that acceptance be deemed fraud?