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I am a board member at the Nazarene church in texas city,

I am a board...

I am a board member at the Nazarene church in texas city, tx. we have a new couple attending our church since they were forced to move from their apartment in Dickinson to texas city after the storm. they both have mental disability. they also had to find new employment, since they lost their vehicle. they were hired at Lehigh hanson concrete in Houston. he has a cdl license. at first they would not hire him, stating that he needed more time behind the wheel, since he hasn't driven since 2005. then the next week they decided to hire him, giving him work uniforms and equipment, a day of orientation and physical, and one day of work. then on day 3 they called him into the office and told him that the corporate office decided that they had to fire him, for the same reason that they had previously sited. they told him that they would pay him for his 3 days that he worked. that was 5 weeks ago, and he still hasn't received his pay check. he has called payroll several times, and they keep telling him that they mailed the check, and that if he didn't receive it, they weren't responsible. they certainly cannot pay for legal help. what recourse do they have

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

No. he just found another job as a security officer

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Does not belong to a union and I don't know about the at will employee

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

Not about this incident. but, they were forced to move into an apartment that they aren't able to afford. our church and the food bank have been feeding them. someone gave them a bed. the local apartments were flooded with new renters after the storm, so they had to have a place to live. in February the church had to pay half of their rent. it was 15 days late, and the apartment manager placed an eviction on them. they have now found an apartment that they can afford, but their current manager tells them that if they move, they will be in breach of their contract and will not refund their deposit and might take them to court

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Answered in 10 minutes by:
4/2/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
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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. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
I do not mind. we need help

Thanks for your patience and I'm sorry to hear about your situation. Here is some information you can take back to the employees.

Generally, an employer must pay their employee at least a minimum wage, the wage agreed upon in their employment agreement, and overtime wages, if the rules regarding overtime apply to the employee. Also, an employee must be paid for all hours worked regardless of whether they are salary, hourly, part-time, or full-time.

At times, an employee may need to file a wage claim to recoup the money they were supposed to be paid. Sometimes, this money could be money that was not paid as promised or could be money that was inadvertently withheld by the employer (e.g. they took out too much for health care). Every state and the U.S. government have a process that an employee can follow to get a return on their wages. The government acts as the go-between for the employer and the employee. They have the authority to investigate and make a final determination on whether wages were to supposed to be owed.

The wise thing to do is to provide whatever documentation is necessary to make the government’s job easier. It’s important to remember that they are unfamiliar with an employer’s policies, wage scales, compensation plans, bonus schemes, etc. so if an employee provides much of that information in an organized manner in advance, then they are going to be in good shape. If a person has a complaint regarding overtime, they can actually just click here and follow the rules on how to file a complaint with the U.S. Department of Labor.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 4 months ago
how do they file a wage claim

Good question. If a person has a complaint regarding overtime, they can actually just click here and follow the rules on how to file a complaint with the U.S. Department of Labor. They can get involved and help out. Also, the Texas Workforce Commission can do it as well if they don't want to go to the feds.

Did you have any other questions about this for me today?

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Customer reply replied 4 months ago
what about the legal problem with their apartment manager

I'm sorry. I must have missed that. One moment...

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Ok, so generally if people don't pay their rent, they can be evicted. The landlord is able to keep the security deposit to cover any past due rent, to pay for repairs, and for any cleaning that needs to be done to the property. If the amount they paid doesn't eat up their deposit, then the difference must be returned to them. So, in this case, if the rent is late and if they decide to move, then they may give up their deposit to cover the remaining balance, plus they may be charged for any cleaning or repairs that have to be done. Sometimes, negotiating these issues with the landlord can be helpful and explaining their plight may help as well.

What other questions did you have for me today?

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Customer reply replied 4 months ago
well, I don't understand how you can file an eviction on someone who is 15 days late with half of the rent, and they paid. and, how do you file and eviction and then say that if you leave, you are in breach of a contract. crazy. but I do thank you for your help, and I pray God bless you for your help, and bless your career

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Legal Eagle
Legal Eagle, Lawyer
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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