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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114142
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need your help. I did work time gas station under a owner.

Customer Question

I need your help.
I did work long time gas station under a owner. He withholds my long time salary , beside that he used my credit card, but I gave interest and even continue giving these. Another thing is that, almost 2years ago I was attacked by robbery in same owner's gas station, they did shoot me and even one bullet have my shoulder yet, but owner didn't help me any, he had better afraid me always..... How can I do????
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
He cannot refuse to pay your wages for time worked, this is a violation of the Alabama wage law and the federal fair labor standards act. Under those laws, you have 2 years to sue for non payment of wages from the date your wages were due to you and you can sue for up to 3 times the wages due plus attorney's fees for intentional non-payment of wages due. So, your next step is you are entitled to sue him for your wages, plus up to 3 times the wages due for intentional refusal to pay, and your attorney's fees.
If he is using your credit card without your permission, that is theft by fraud, which you would report to the local law enforcement authorities.
Also, if you were shot while working your employer is liable to pay all of your medical costs and 2/3 of your weekly wage under the Alabama workers compensation law.
So it would appear the owner is committing multiple violations of your rights as he likely believes you do not know them.
At this point, you need to go to your local legal aid office and you need to seek their legal assistance.
Also, you need to call the US department of labor, wage and hour division: https://www.dol.gov/whd/
and file a complaint with them along with the AL Workers Compensation Division: https://labor.alabama.gov/wc/
Customer: replied 10 months ago.
Okay that's cool... I am citizen here...One more things, when March 31, 2014, I had accident, now is it possible to do something ? Actually I can't work now, my hand is paining, when I work..
Customer: replied 10 months ago.
What should I do now?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
Whether you are a citizen or not, you would be entitled to these rights I described above and it seems he is taking advantage of you.
What type of accident did you have in March 2014, work related or just a regular accident? This is a new question and should have been posted as a new question by site rules.
Customer: replied 10 months ago.
Of course work related... That time I was working in cash register. Robbery shoot me in my left hand shoulder, still bullet in my shoulder.. That time I earned $25,000+ yearly by check.... I am working more than 7years same company... In that time, when I had accident, he used my credit card, and then when I saw my credit card, I was seeing he used my 2 credits card more than $6,500 , then he said me he gave all ... But I continue pay interest, he isn't giving nothing....
Customer: replied 10 months ago.
Now 6days ago I quit my job, because I can't work... Beside that he withholds my wages
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
You need to file that complaint with workers compensation, as I said in my first response. The employer is liable to pay you if you cannot work and he is liable for your medical care.
You also need to report the credit card fraud to the police.
Like I said, he is taking advantage of you and you need to also go to legal aid if you need assistance with filing your complaints to the Department of Labor and the Workers Compensation Division, because you have very good claims here if what you are saying is true and you need to file them.
Customer: replied 10 months ago.
Can I get legal aid office address of Florida ?
Customer: replied 10 months ago.
Oh, do I need to take appointment in legal aid office ?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
If this happened in Alabama, you need an attorney in Alabama, which is why I gave you that information for AL.
Here is your information for FL legal aid though: http://www.floridalegal.org/
Also, please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 10 months ago.
Okay, can you give me alabama's legal aid website?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
Here is the AL legal aid site: http://www.legalservicesalabama.org/
Customer: replied 9 months ago.
I contact Alabama legal aid office, they give me the name of 2lawyers... I called them, they told me its above 2year, that's why not possible to do something ....
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
As I told you in my first answer, you had 2 years to file suit, you did not say then it had been longer than 2 years.
You have more than 2 years though to report him for theft by credit card fraud for using your card without your approval. So report that to the police.