“Unpaid” Wages

[Wagelawsadvice]

Jurisdiction

Texas

Hello. My husband is an Owner Operator. When he hired his employee, he did not have his employee sign a written agreement stating that damages to the truck with have to be paid by the employee. Fast foward a month, the employee hit the semitruck into a garbage can. My husband told the employee that he would take $433 out of his paycheck of $953.08, leaving him with $520.08. A few days before that, my husband had already given him his paycheck of 953.08$ so we went and did a stop payment so that the check would not go through to the employee. However, we did instead give him a paycheck with the difference( the paycheck was $520.08). Now, the employee is suing claiming that we did not give him a paycheck at all (he was suing for the full 953.08$). So, we took a copy of the 520$ to his attorney to prove that we had in fact payed him the difference. However, he is claiming that that 520$ is for other work (even though the 520$ paycheck has the same date written on it as the original check) but won't state what that other work was, nor does he have proof of this "other work." We have given his attorney two recordings (although they are in a different language and she says she might not be able to use them unless the supervisor allows it because they would have to find someone to translate them. On these voice recordings you can hear my husband saying that he took $433 out of the original check), we have given her a bank statement showing her that he had taken the 520$ out (he had not even mentioned the $520 to her until we did and came up with the "other work"), we have a copy of the $520 check, and we also have a copy of the paper we had to sign at the bank when we did the stop payment with the reason as why we did the stop payment. His attorney is asking for a copy of the receipt for the fixed damages on the truck but he explained to her that he ended up selling the truck the way it was so he did not end up with a receipt but kept the money since we had to sell it for less than the original amount. However, we did make it clear that we would DEFINITELY pay back the 433$ but he keeps lying about the rest of the money.She said if we don't agree to pay the $953.08, then we would have to go to court and, if his employee wins, he would have to pay for his employee's attorney cost and court costs. What do we do? We know he is lying about the 520$ being for other work and that we did not pay him at all.

 

[zddoodah]

If, as appears to be the case, Texas allows attorneys in small claims court, then your husband ought to hire one.

The fact that the truck was sold without the repairs being done makes this a very problematic case for your husband. He will have to prove that he could have sold the truck for $433 more but for the damage. Also, I have serious questions whether Texas law allows an employer to deduct from an employee's pay for damage caused by the employee to the employer's equipment. I do not believe that is legal in at least some states, and if it is legal, a written agreement to that effect is probably needed.

 

[Wagelawsadvice]

If, as appears to be the case, Texas allows attorneys in small claims court, then your husband ought to hire one.

The fact that the truck was sold without the repairs being done makes this a very problematic case for your husband. He will have to prove that he could have sold the truck for $433 more but for the damage. Also, I have serious questions whether Texas law allows an employer to deduct from an employee's pay for damage caused by the employee to the employer's equipment. I do not believe that is legal in at least some states, and if it is legal, a written agreement to that effect is probably needed.

Yes his attorney made it clear that my husband was not allowed to deduct from his wages and we told his attorney we would definitely pay that back(the 433$). However, his employee is stating that he did not pay him at all. We showed proof for the $520 that we did pay but he is saying it is for other work done, but has not proof of other work done. I don't know what else we should do.

 

[Wagelawsadvice]

Yes his attorney made it clear that my husband was not allowed to deduct from his wages and we told his attorney we would definitely pay that back(the 433$). However, his employee is stating that he did not pay him at all. We showed proof for the $520 that we did pay but he is saying it is for other work done, but has not proof of other work done. I don't know what else we should do.

How would he be able to prove that it could have been sold for the 433$ more?

 

[adjusterjack]

Has your husband been served with a summons and complaint or is he just being bulldozed by the attorney.

Since you admit to owing the $433, write a check and send it to the attorney. Paying is paying. Talking about paying is not paying.

If you have not been served a summons and complaint you are free to tell the attorney to pound sand AFTER you have sent the $433 and confirmed delivery.

If you have been served with a summons and complaint, send the check and then stop talking to the attorney and do what the summons instructs you to do. Either file an answer or appear in court with your evidence.

If you are holding the $433 hostage hoping for a better outcome, it's not going to happen and can only get worse.

That's all I can tell you.

 

[zddoodah]

These are all things about which your husband needs to seek advice from his attorney. Needless to say, we have no way of knowing what evidence your husband might have to support what he claims.

 

[army judge]

What do we do?

There is no we.

There is, however, a he.

Your husband has retained an attorney.

It is foolish to seek free advice on your husband's behalf when he is paying an attorney for real, professional, legal advice.

I suggest you support your husband with words of encouragement, as he works with his attorney to address this mess.