Lawsuit

[Tiffanyx5]

Jurisdiction

Texas

My husband remodels for several investors. He hired a "friend" and his wife to help paint the inside of a house. But after a week, he noticed nothing was painted properly, they painted one room a different off white then he was told to do, and it took them 5 hours to tape off a door and paint it. They turned in a certain amount of hours resulting in over $400 worth of work they claimed they did. My husband told them he couldnt use them anymore and he told them to come collect their last pay of $150. This is all the hours they had worked. Instead of going to job sight to collect the money, they show up at my house several times banging on my door, demanding pay. Finally i called the police when they showed at 11pm when my kids were sleeping. They have gone onto fb slandering my husband, sending texts to my husband calling me a bitch because i would not answer the door. Mind you, no contract was signed. Now this morning, they are threatening a law suit and on their way to labor board. At this point, we arent sure what can be done. They still have not collected the $150 pay. I need some guidance on our legal rights. Thank you!

 

[army judge]

Your legal rights allow you to continue to ignore them.
You could mail them their payment via FedEx or another overnight delivery service.
If you do, make sure you retain PROOF OF DELIVERY.

If they sue your husband, he simply defends his actions.
He explains to the court why he believes the couple are owed $150 versus $400.
The court will decide what should be paid, if anything.

In the future, never mix friends and business.

 

[Tiffanyx5]

Thank you for taking the time to respond. Ive told my husband to ignore any threats made to him by these two. Have a nice day!

 

[army judge]

Thank you for taking the time to respond. Ive told my husband to ignore any threats made to him by these two. Have a nice day!

You're welcome, happy to have helped.

 

[ElleMD]

Why would he not just mail these two the check and be done with it? If they were employees, that is what he should have done anyway.

 

[Tiffanyx5]

They really dont have a permanent address to mail to...

 

[ElleMD]

So, what address did they put on their I-9 and tax form when hired? If this is all under the table, then he really needs to find a way to get them the check. Surely if these are "friends" your husband has some idea where they live or work.

 

[Tiffanyx5]

Yes, this was paid cash to do a job for my husband on the side. He was just trying to help them out.

 

[Tiffanyx5]

They were paid a portion up front, then they would receive rest when job was done. He never agreed to the hour, only by the job. So when they showed for work at 10am, and my husband stopped by to check on the 5 hours later and they both were sitting outside, and had only painted a door, he told them they he couldnt use them any longer. They turned in $400 for so many hours. He told them no that wasnt the agreement. All verbal agreements, nothing written. He has tried to find them for several days now to hand over last pay check, but has not had any luck.

 

[army judge]

I suspect if the couple are serious about suing him, they'll find your husband to serve him.

 

[ElleMD]

Then you husband broke the law many times over. I suggest he find these folks and pay them.

 

[Tiffanyx5]

Obviosly we dont know anything about the law, but if you have a friend come paint your house, you can't pay cash?

 

[txls]

Sure you can ask a friend to help you paint your house and you can give them a little cash as a thank you. Not as a business transaction. You say that he "hired" a friend and you mention a "job site". If he's running a business and doesn't know anything about the law, he needs to get some schooling real quick.

 

[ElleMD]

Sure, if you own the house, you live there, and you ask your buddy to come over and help paint, you can pay the guy in pizza and beer if you like. If you refuse to pay him, he has zero legal recourse.

That isn't what you describe. Sounds like hubby is a general contractor or contractor of some sort who is being paid by someone else to ensure a house is painted. He in turn is hiring someone else to perform that work. There are lots of laws and rules that govern that situation. The DOL /small claims court ordering you to pay them is the least of your concerns.