Suing Burger King punitive damages question

[Dubdidit361]

What is the name of your state?tx. Long story short. Burger King hasn't paid my brother for 40 hours plus 20 hours of over time that they have owed him for almost a month and a half now. I've contacted managers, store managers, district managers and now the franchise owners payroll with tons of broken promises of getting this resolved. My brother has lost his place his car phone cut off etc while he waits for his new jobs check to come in Friday but during this time he had a near break down called me wanting to harm him self etc. We have given them ample time to fix this. We have sent the intent Rosie letters as needed but now we need to figure out a realistic number for punitive damages. How do we calculate this. Also at what point can they choose to settle out of court if needed.

 

[quincy]

This has what, if anything, to do with drunk driving?

You cannot handle this for your brother. If he needs assistance, he should find an attorney in his area. And if he is threatening to harm himself, you should encourage him to seek medical help.

 

[Zigner]

What US state?
Why is your brother unable to handle this?

 

[quincy]

The state is Texas. There is a posting history.

 

[Zigner]

The state is Texas. There is a posting history.

You're probably right, but we're actually talking about the OP's brother, not the OP.

 

[quincy]

You're probably right, but we're actually talking about the OP's brother, not the OP.

His brother probably has been mentioned in at least one of Dubdidit's many threads started since May.

 

[Zigner]

His brother probably has been mentioned in at least one of Dubdidit's many threads started since May.

Fair enough

 

[Dubdidit361]

I habe no idea how it got posted here I must have clicked wrong window. I do apologize

 

[Zigner]

Why isn't your brother handling this matter? You DO understand that it's against the law for you to be assisting him with legal filings and the like, right?

 

[quincy]

I habe no idea how it got posted here I must have clicked wrong window. I do apologize

Is your brother in Texas, too, Dubdidit? I can't remember from your earlier threads.

Your brother can file a wage claim if he is owed money for hours worked.

 

[Dubdidit361]

And im handling it for my brother because he is unable to do so himself. His idea of Justice is breaking the windows to the store. I told him I'd help him out with the issue. And sorry I'm on tx and yes my brother is from tx as well I was waiting for a call back from the payroll lady who just said I have no choice but to wait on them for the check ..so I was a bit rushed. Waiting is all we been doing..it's been a month and a half. This is not what the law would consider promptly ya know? Idk. I'm willing to pay a lawyer for just general guidance in the issue for him. These kinds of places seem to take advantage of the types of employees they hire.

 

[Zigner]

And im handling it for my brother because he is unable to do so himself. His idea of Justice is breaking the windows to the store. I told him I'd help him out with the issue. And sorry I'm on tx and yes my brother is from tx as well I was waiting for a call back from the payroll lady who just said I have no choice but to wait on them for the check ..so I was a bit rushed. Waiting is all we been doing..it's been a month and a half. This is not what the law would consider promptly ya know? Idk. I'm willing to pay a lawyer for just general guidance in the issue for him. These kinds of places seem to take advantage of the types of employees they hire.

Penny wise and pound foolish...

We're talking about a little over $500 here. Be patient or have your brother file a wage claim. The third (and likely best) option would be to let your brother handle his own affairs.

 

[quincy]

And im handling it for my brother because he is unable to do so himself. His idea of Justice is breaking the windows to the store. I told him I'd help him out with the issue. And sorry I'm on tx and yes my brother is from tx as well I was waiting for a call back from the payroll lady who just said I have no choice but to wait on them for the check ..so I was a bit rushed. Waiting is all we been doing..it's been a month and a half. This is not what the law would consider promptly ya know? Idk. I'm willing to pay a lawyer for just general guidance in the issue for him. These kinds of places seem to take advantage of the types of employees they hire.

You legally cannot handle this for him.

 

[Dubdidit361]

Legally i can't. But I can try to help guide him up to the door way of the county court house which is why I was trying to get a bit of info from some people who may know a thing or two.

 

[quincy]

Here is a link to filing a wage claim:
https://twc.texas.gov/jobseekers/how-submit-wage-claim-under-texas-payday-law
Good luck to your brother, both in collecting what is owed him and in finding a new job.