question about non-paying boss

[wife w/question]

What is the name of your state? tx

my husband was working for an old friend of his, getting paid under the table. they were friends, we didn't think there was anything to worry about, boy were we wrong. anyway, they got into a big fight like most people do when they are around one another too much, now the boss/friend refuses to pay him for the last week he worked for him, won't return his tools or our phone calls. Everytime we go to his house, he won't answer the door.
Are we S.O.L?? Or is there something we can do?

[pattytx]

If your husband was an actually an employee, and not an independent contractor, he can file an unpaid wage claim with the Texas Workforce Commission. The employer should have been treating your husband as an employee, he will be in trouble for paying your husband "under the table". If he was a true "independent contractor", he will have to sue him for the payment.

In the future, if your husband is an employee, he should not be allowing this to occur. He has probably been helping your "friend" break the law.

[SuzieWahoozie]

And if he doesn't get his tools back, he should call the police and file a report for theft. He can also file a small claims suit, if the amount meets the limitations of that court, to get his tools back or be compensated for their value.

If I were your husband, I'd first send a certified letter asking for the final wages and the tools. I'd give a reasonable amount of time to get both to you. If I didn't get them in the time requested, I'd file the police report and the small claims suit.

If your husband was not an "employee," he'll have to go to small claims court or file a civil suit to get paid. If he was really an employee, he can do as patty suggests. However, as patty also suggested, he may have been breaking the law as well on the pay thing. If so, he really needs to consider how far he wants to press the issue.

Hopefully, he has some documentation to prove the money he is owed and not just his word.