What are my rights to travel pay, etc.?
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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 6 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.
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