Employment Law

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I worked for an insurance adjusting firm that breached our…

Customer Question
I worked for an...

I worked for an insurance adjusting firm that breached our contract. They have paid me however their are several other employees/misclassified contractors that have not been paid. Basically they hired us to work for 71.43 percent of a fee schedule and when there was a raise they did not honor the agreement. They are taking money that does not belong to them and it is no fair. I will fight for myself but there are others that just did say anything some quit and some are steal working.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It is an contractual agreement we are contractor.. however they are misclassifying us. I have contact the Texas Workforce Comission and the IRS. We do not control our work or our schedule. We worked in their office from 7am-6pm Sun thru Sat.. we use their equipment. We are trained by them, the insurance carrier.. and are monitored by the carrier and the staff.. It just so much..

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No not right now

Submitted: 10 months ago.Category: Employment Law
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Answered in 1 minute by:
9/25/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 10 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,625
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Did you have a question concerning these facts that you have outlined?

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Customer reply replied 10 months ago
With the information that I have given you do you think a class action can be started to get the other workers their money
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 10 months ago

You could certainly try, but class actions are difficult to start. Usually an attorney is going to want a much larger pool of plaintiffs. Furthermore, you have the issue of individual harms rather a collective harm.

More likely, the attorney would group them together for purposes of information gathering, but would separate them out into individual suits and just negotiate as a pool. It is complicated, expensive and time consuming to establish a class action and I don't see what benefit is gained here rather than simply allowing individuals to sue with the assistance of the same attorney.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 10 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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Customer reply replied 10 months ago
The company sent me a cease and desist letter but they still own me money. It is not a lot of money however they are making me jump through hoops to get what they owe me. What can I do?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 10 months ago

If you've already tried the TWC, then your only course after that is to sue. You could sue in small claims court to make the expense lower and to speed up the process.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 10 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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