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I worked for a restaurant as an accountant and never got…

Customer Question
I worked for a...

I worked for a restaurant as an accountant and never got paid, and when they tried to pay me- they gave me a hot check in the amount of 1400.00. I need to hire an attorney to get paid.

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

Texas I’m not an employee

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

I was hired to manage their staff and scheduling, and do their accounting

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

I’m owes 10,600.00

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
11/27/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 7 months ago
I work as an independent contractor, and a restaurant hasn’t paid me in 9 months, they also gave me a hot check in the amount of 1400.00
Customer reply replied 7 months ago
They owe me over 10,600.00
Customer reply replied 7 months ago
I need an attorney to sue them,
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about this. This appears to be a classic breach of contract if they are not paying you the amount that they are supposed to be paying you. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

Instead of hiring an attorney, what you may want to consider is getting the TX department of labor involved. They have the authority to investigate wage complaints and it is free for you to use their services. If you pay an attorney, it could run into the thousands and it may not be worth the money in my legal opinion.

If you click here, you can find out more information about how to file a wage complaint.

If you'd like to still hire a lawyer, you can still hire one. One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the Texas LRS - click here.

What other questions did you have for me?

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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