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Collecting back wages, promised on sale of business in Texas

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smithgolf

Junior Member
What is the name of your state? Texas

Any help would be appreciated. Wondering if I need a lawyer, Dept of Labor, or too late to do anything. Here are the specifics;
Went to work with a friend app. 6 to 7 years ago. He was opening a new business. In exchange for helping, using my knowledge of opening the same type of business in the past. I agreed to work unlimited at hours at $10 per hour during startup. He could only budget for 40 hours, so our unwritten agreement was he would pay me back for the unpaid hours upon selling the business. He just completed, and collected on the sale of the business. I have approached him about the hours, he says it was never written, so he will give me nothing. This is not entirely accurate, we never had a written, and signed agreement, but we did fax eaxh other with offers, so there was a fax stating the agreement. Probably can't find it now. There are at least 20 people I can find who we both talked to about the agreement, would this help. I think if pressed, he would even admit we made the agreement, then how would I figure the hours, etc... What are my rights?
Please any legal advice is appreciated.
 


pattytx

Senior Member
You're very likely SOL, at least for the state assisting you. As an employee, the statute of limitations for filing a claim for unpaid overtime in Texas is, I believe, 6-12 months following the violations. In any case, any agreement you would have that allowed the employer to not pay you overtime when you were due it would be irrelevant, since it would be an agreement in violation of Texas law.

Horse out of the barn now, but bad decision on your part. Unless you want to try filing a civil suit (and you would have to find the contract/agreement), there's probably very little you can do. If you find the agreement in writing, you can take it to a local attorney versed in contract law and see what he/she advises.
 

BelizeBreeze

Senior Member
smithgolf said:
Kind of figured as much. Worse part is he is my brother in law.
Well, in that case I guess you can have a 'come to jesus' with his wife about the 10 year headache she's about to have.
 

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