Should I get a lawyer regarding a wage claim?

UPDATED: Sep 30, 2022

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Should I get a lawyer regarding a wage claim?

I am 21 years old and I have a 17 year old girlfriend. She has been working at a fast food franchise for a couple months now. The manager told all the employees that their clock-out slips are inaccurate. So I took it upon myself to start counting my girlfriend’s hours. As you can probably guess, her paychecks are less than the hours she’s working. Also, she is a minor which I’m pretty sure means you have to have at least 1 day off. They had her work 2 weeks

straight without a day off and the removed the overtime that she earned from her paycheck.

Furthermore, they don’t even have a spot on her pay stub that says overtime. What should I do? Should I be prepared with legal consultation before taking legal action?

Asked on June 21, 2016 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You CAN'T bring a claim on her behalf: doing so would constitute the unauthorized practice of law and you could face siginificant liability. It doesn't matter if she wants you to speak on her behalf: only a lawyer can represent another person. So either she will need to speak to the labor board herself or she will have to hire a lawyer: you can't do this for her.

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 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.

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