Suing my boss for not paying me

[darkdan]

I live in Minnesota.

Currently I'm suing my boss for failing to pay me about $330 for 28 hours of work. Thanks to MN state law I'm allowed to sue for an addition 15 days of wages so the current total is up to about $900.

The situation gets complicated.

1.) I was an hourly employee
2.) He kept putting off allowing me to fill out tax forms (w-4)
3.) The one time he did pay me was with a check from the business account

I did report him to the IRS after I was fired (or rather he stopped calling me to tell me to come to work whenever he needed me).

Evidence I have:

1.) Timecard
2.) a letter I sent him demanding my final paycheck in accordance with MN state law
3.) a recording of a voicemail of him admiting what I said in the letter was true but he wasn't going to pay me
4.) copy of the check with the memo as "work"

Yesterday we had our initial meeting with a lawyer that works for the court to try to settle without going to court. He missed roll call so I was going to get a default judgement, but he walks in 4 minutes later.

The business is listed as an assumed name with the secretary of state. However, it's listed under a different person and NOT him.

So:

1.) Is he allowed to legally represent the company at the meeting yesterday? I asked the lawyer and he said I'd have to talk to a judge
2.) He claims it's an LLC even though the SoS says otherwise so is there any other way to find out for sure.
3.) When the court date comes up in March do I get a default judgement if he shows up?
4.) Do I get a default judgement if it isn't an LLC and he was at the meeting yesterday?
5.) Who would I contact in the court system to talk about this?

Thanks.

Edit: fixed spelling errors for easier readability

 

[seniorjudge]

"...Who would I contact in the court system to talk about this?..."

The lawyer you talked with at your initial meeting will be able to answer all your questions.

Here are my guesses:

1. Some states require a business organizaton to be represented by a lawyer (Missouri is one); this may be, however, different under your state's small cliams law.

2. The SOS determination is the one to follow. "The business is listed as an assumed name with the secretary of state. However, it's listed under a different person and NOT him." He may not be registered with the SOS; you probably cannot reserve names. There might be 14 Ajax Plumbers in the state and all of them would be registered with the SOS. Again, call the SOS in your state and ask about that.

3. No; a default judgment means he didn't show up.

4. No; he showed up, regardless of what kind of business he was in.


"...He missed roll call so I was going to get a default judgement, but he walks in 4 minutes later...."
Too bad you weren't in my court...I've given default judgment is just such cases. My docket was too crowded to accomodate lollygaggers.

 

[darkdan]

The business is indeed listed (correct name and address). However it's just an assumed name.

When you sue a business that's an assumed name the person that is assuming that name has to show up correct? After all what happened to A = B, B = C, therefore A = C?

In MN for small claims court you're not allowed to be represented by a lawyer.

I asked the lawyer we spoke to during the meeting about if he was able to represent it since it's under a different name. He said I'd have to speak to the judge about it.

Edit: I'm not really worried about getting an easy win due to him showing up and not her (the person that the name is listed as). I'm in the right. I was an hourly employee, I have my time card, I have a voicemail from him, etc. I can prove I worked there. I can prove I was hourly. Not having a record with the IRS throws a wrench into the works.

But I just want to be sure he's allowed to show up instead of her having to show up.

 

[BL]

Ever here of an " Agent " ?

When you go to court point out to the Judge that is not the person named .

The Judge on his own should ask that persons name , and if he/she is authorized by the business to represent them .

As the Lawyer Stated , ask the Judge to clarify it with the Defendant at the beginning of the hearing when everyone's name is being recorded .

 

[darkdan]

I thought only corporations and such got agents.

So, if a sole proprietorship business says he can represent them then it's allowed?

Sorry I'm asking the same questions 9 different ways. =) Kind of new to this whole having to sue somebody thing.

How does he prove (or I disprove) he can be there instead of the "LC" DBA "BBA"?

Another thing that complicates matters is the shop is now closed, but that occured sometime after I had been fired.

Also, during mediation (look at me using the fancy legal lingo) he has now threatened to counter-sue for materials I used while working for him. These are materials that were used on customer's vehicles and not things that I used for personal gain or stole. Can he counter-sue this late? I thought he had to immediately file a claim.

Thanks for yall's help. I really appreciate it. Don't exactly have the money to pay for a lawyer to try to get $900. Also please don't look upon me as someone looking for a free meal. This guy deserves it. I was going to let it slide until I ran into someone that he did the exact same thing to.

Like I said, I feel I have a strong case and don't doubt for a second I'm going to win. I'd just like to embrass the guy and get an automatic win for him being cocky and stupid. But if it transpires that any ol' employee can represent a sole proprietorship then I'll just have to win the old fashion way with a decent sized stack of rock solid evidence.