Suing Burger King punitive damages question

[cbg]

His employers will not talk to you. If this is to be worked out with the employer, your brother HAS to do it. They're not going to discuss his pay with anyone but him. If you're not getting any satisfaction talking to managers and so on, that's why.

 

[Taxing Matters]

We have given them ample time to fix this. We have sent the intent [to sue] 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.

I'm not seeing anything here that suggests punitive damages are applicable. In general in Texas law for punitive damages to apply the defendant's conduct must be "reprehensible". It is a wage claim, and what the employer owes is whatever pay is still due for work done by your brother. Simply failing to pay the claim is not itself reprehensible behavior. The fact that your brother is struggling financially does not trigger punitive damages against the employers. While it will sound a bit cold, your brother's financial struggles are not the concern of the employer, at least not legally. Texas law does allow your brother to recover attorneys fees if he is the prevailing party in a wage claim, however, so it may be worth having your brother consult an attorney who litigates wage claims for help.

As for settlement, the parties are free to settle their dispute at any time, even after the court has decided the case.

 

[quincy]

The Texas Payday Law makes filing a wage claim fairly easy, without the need for an attorney.