Legal Question in Business Law in New York

Re: Unpaid for 8 months of work

received your mail 8-1-2000

I would need to know a few more facts--what you have stated is obviously very important to you, but not enough for me.

Please contact me directly at [email protected]

Good Luck

RRG

Re: Unpaid for 8 months of work

Sounds like a real mess.

1. Under NY law, there are clear and firm rules of law requiring the payment of "wages," which encompasses much more than mere weekly paychecks. It can include commissions, and probably any labor performed for another person in the expectation of being compensated. There are punitive damages and attorneys fees under the Labor Law.

Question is, he really has to know that you are rendering the services, such that a court may conclude that he requested you perform the services. Doesn't have to be an explicit request -- and agreement to pay you can be implied depending on all the facts.

I suspect he will say, he chose not to go through with the venture, and the fact that you stuck it out is your tough luck. He preferred to break his agreement (which I assume is in his name only?) with the seller/lessor, and flee the state. Certainly he never agreed to pay you, etc.

Another thing to consider is that he may say you have a verbal partnership or joint venture, and he's happy to give you 100% of that venture (which I assume isn't setting the world on fire with its profitability). It certainly sounds to me, if I were a judge not knowing any other facts, this is more like a partnership than an employer-employee relationship, in which case you would not be entitled to any wages for your efforts . . . just your share of the business and profits.

Let me ask you, why not just put the thing in your name if you've done all the work? It sounds like the seller would be happy to do so, and the other fellow is apparently gone.

Hope this helps you. I am 45 min. North of NYC, on Putnam/Westchester border. Feel free to e mail me any further questions.