Refusing to pay

lastdetail1

Hi everyone,

My brother, who has had periods of mental illness in his life, started a new job last week in a local cafe. I was so pleased for him, previously he had worked as a chef so the job was perfect for him. He worked 3 full days last week which went really well and was due to start properly today but the owner of the cafe phoned him yesterday and told him that her other chef, who had been on sick leave, was now coming back to work so she didn't need my brother anymore. She never mentioned this chef being on sick leave before. It's absolutely fine if she no longer wants to employ my brother, but the problem is that she hasn't paid him yet for the 3 full days he worked last week and she keeps fobbing him off; for example she has told him a few times to call down to the coffee shop this week to collect the money, but she never has it for him. He was due to get his money this morning again but she didn't have it.

She may be in financial difficulties, but I am so annoyed for my brother - the money she owes him for 3 days is not very much. I feel she has totally taken advantage of someone who is vulnerable and she has no intention of paying him. Legally do we have a leg to stand on or can she get away with this?

Any advice would be appreciated!

Many thanks

aidanathome

Honestly, reading that I would go down there myself and ask her for the money for my brother. And if she didn't have it, I would make so much noise that any customers there would leave. I've never done that before, but in this case, it would push me very close to doing it.

lastdetail1

Thanks aidanathome, if he doesn't get his money today that is what I'm going to do. I reckon she won't want her customers to hear that she doesn't pay staff. But she may refuse to pay. My Mum would go in there quite a lot, so she is planning to tell everyone she knows that the situation so she is bound to lose customers. It's such bad PR for the owner, it's quite a small town so word would get round very quickly. It's crazy that she is willing to lose customers over a small amount of money, just €150-€200.

Thanks again

michael999999

Make a sign saying she doesnt pay her staff and stand outside the shop with it. I'd imagine she would find the money pretty fast!

Rackstar

Come on lads it was only last week.

You can't go causing a scene or go picketing the business.

Hotale.com

Nearly sounds like she was pulling a fast one and just wanted someone to cover for the sick chef for 3 days without costing her...

Mrs OBumble

I wonder if she has another new staff member this week... And yet another the following.

Maybe get him to get Citizens Information to phone her. Legally, she should refuse to talk to you.

lastdetail1

Thanks everyone, the money was supposed to be there this afternoon at 3pm but it wasn't, he just got a call from the owner saying to call tomorrow morning to collect. Hopefully this time the money will be there.

Jim2007

lastdetail1 wrote: »

Thanks everyone, the money was supposed to be there this afternoon at 3pm but it wasn't, he just got a call from the owner saying to call tomorrow morning to collect. Hopefully this time the money will be there.

In that case I would suggest you go with him and if the money is not there, tell here you will wait. Then sit down fully occupy the biggest table that is still available and see how that goes.

lastdetail1

Jim2007 wrote: »

In that case I would suggest you go with him and if the money is not there, tell here you will wait. Then sit down fully occupy the biggest table that is still available and see how that goes.

Thanks Jim, hopefully we'll get this sorted tomorrow.

paulheu

Rackstar wrote: »

Come on lads it was only last week.

You can't go causing a scene or go picketing the business.

Why not? How long should you wait then? From what I read here this is not a matter of time. They just do not want to pay and give the OP the runaround. That is not going to change and they're probably counting on them giving up as it 'just' a small mount. I think this is nonsense.

There is causing a scene and there is finding an acceptable and 'surrounding friendly' way of drawing attention to a scheming shop owner. I'd say talking is preferred but a reasonably sized sandwich board may help here

blindsider

Rackstar wrote: »

Come on lads it was only last week.

You can't go causing a scene or go picketing the business.

I wonder how the restaurant owner would feel if a customer didn't pay her immediately.

Staff have a right to be paid promptly.

bumper234

Any follow up on this op?

paulheu

Maybe a group of us could go there, have a few beers and some food, then pay the OP and leave.. Now that would be something.

Rackstar

paulheu wrote: »

Why not? How long should you wait then? From what I read here this is not a matter of time. They just do not want to pay and give the OP the runaround. That is not going to change and they're probably counting on them giving up as it 'just' a small mount. I think this is nonsense.

There is causing a scene and there is finding an acceptable and 'surrounding friendly' way of drawing attention to a scheming shop owner. I'd say talking is preferred but a reasonably sized sandwich board may help here

The OP is asking where they stand legally. I'd doubt there is any legal issue with not getting paid for work done last week.

The shop owner could be trying to get tax info from revenue so they can pay the guy in accordance with revenue.

We only have secondhand one sided information here. We don't know what was agreed, if there was a contract. Why would the employer tell him to call down to be paid multiple times and then not have the money.

Don't get me wrong it's possible the employer is trying to pull a fast one but you can't start taking drastic measures if you're not paid for work done last week.

shruikan2553

Rackstar wrote: »

The OP is asking where they stand legally. I'd doubt there is any legal issue with not getting paid for work done last week.

The shop owner could be trying to get tax info from revenue so they can pay the guy in accordance with revenue.

We only have secondhand one sided information here. We don't know what was agreed, if there was a contract. Why would the employer tell him to call down to be paid multiple times and then not have the money.

Don't get me wrong it's possible the employer is trying to pull a fast one but you can't start taking drastic measures if you're not paid for work done last week.

If it was a reason like that why not explain or ask for details? By just telling him to come back it suggests something is up. There may be a valid reason but why isnt he being told that?

Rackstar

blindsider wrote: »

I wonder how the restaurant owner would feel if a customer didn't pay her immediately.

Staff have a right to be paid promptly.

Different situation. Do you walk out of work with your pay in your back pocket every day?

OP - I hope this gets resolved for your brother soon.

Rackstar

shruikan2553 wrote: »

If it was a reason like that why not explain or ask for details? By just telling him to come back it suggests something is up. There may be a valid reason but why isnt he being told that?

Exactly, you wouldn't keep telling the person to come back the next day.

It does suggest something is up but we don't have all the info.

Jim2007

Rackstar wrote: »

Different situation. Do you walk out of work with your pay in your back pocket every day?

OP - I hope this gets resolved for your brother soon.

So you think it is OK for the owner to hire someone on the pretence of a job, when in fact the intension all along was to get cover for their sick cook and then not pay for the casual labour - casual labour gets paid when the job is done. As for the tax code, I doubt this business owner looses to much sleep over that.

blindsider

Rackstar wrote: »

Different situation. Do you walk out of work with your pay in your back pocket every day?

OP - I hope this gets resolved for your brother soon.

No - it's not a different situation.

I get paid when I'm due to get paid. That's the point you apparently fail to grasp.

The owner expects customers to pay immediately, and casual/relief staff expect to be paid quickly. It's the nature of casual/relief work - esp. in a small business.

I'm surprised that you commented on a topic you have clearly failed to understand.