What are my rights to travel pay, etc.?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights to travel pay, etc.?
I work in roofing. I traveled from TX to NY for work. My boss agreed to pay for food, the hotel and $200 a day, including the day on the road. This was from 06/18-06/30. That’s $2600. He gave me a check for $2600. When I went to cash it they said they couldn’t cash it because there was only $400 in that account. Okay? I called my boss and he said to go to the bank the next morning to cash it. Then at 10 pm he called me and told me that I have to share the money equally with 2 of my co-workers. I told him absolutely not. It’s what I worked and it wasn’t not my problem if he couldn’t pay them. I have bills and a family too. He said he was going to call the cops and that he was going to say he already paid us and this was just the rest that he owed all 3 of us. What can I do?
Asked on July 1, 2017 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can sue him for the money. He agreed to pay you a certain amount, for certain things, if you traveled for work; that agreement, even if only an oral (unwritten) one is an enforcable contract; if you did your part (traveled, did the work), he is then contractually obligated to do his part and pay you. If he does not, you can sue him for the money for "breach of contract"--for violating his contractual obligations. Suing in small claims court, on a "pro se" (as your own attorney) basis is a good, cost-effective way to proceed. To win, you'd need to convince the court of the terms of the agreement, that you did your part, and that you were not paid; if he wants to claim he paid you, he can try to do so, but in practice would need to provide proof of payment, like a cancelled check.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.