Back wages you own me
#1
Would it be morally right for a person to take a job that pays below minmum wage and then when they finish the job turn around and sue the company who employed them for back wages with a case and records that they gathered during the job having the intention of suing for back wages all along. Obviously the person took the job because they were unable to get a job which paid decent money.

For thoughs unused to the term back eages are wages or portions of wages that have not been paid.
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#2
No, if they entered into the employment agreement with the intention of filing a lawsuit.

The employer entered into the agreement knowing full well he was paying under the mimimum, I guess like in the US you folks have a minimum wage law, and the person accepted employment knowing the conditions of employment as well.

So the person entered into the agreement fraudlently. I wonder what the legal penalty is that could be imposed by the goverment, if any. for employing people under the minimum wage that is.

Could the person sue, sure you can sue for just about anything, could they win, if your courts are anything like the states I would give the case a fifty/fifty chance.
Now with the wisdom of years, I try to reason things out
And the only people I fear are those who never have doubts
Save us all from arrogant men, and all the causes they're for
Billy Joel, Shades of Grey, from the River of Dreams album.
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#3
This is on the same lines at what TwoXForr had to say. . . . In the US at least, if the company is going to take taxes out of your paycheck, they have the responsibility to pay you at least minimum wage.

On the other hand as well, if the company is going to take taxes out of your paycheck, then YOU have the responsibility of making sure that they are paying you at least minimum wage.

If you get paid under the table, all bets are off.
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#4
Even though what the employer is doing is not only illeagle, it's also wrong to not pay someone what they are legaly entitled. Also why is someone taking a job that pays so poorly?

Should it be an excuse for any company caught cheating its workers to say "they willfully took the job"?
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#5
Quote:Originally posted by DeamondBleed
Even though what the employer is doing is not only illeagle, it's also wrong to not pay someone what they are legaly entitled. Also why is someone taking a job that pays so poorly?

Should it be an excuse for any company caught cheating its workers to say "they willfully took the job"?



trust me, it is totally legal to pay someone less that what they are worth (entitles is different, i know)!! I am worth way more than i get paid! (one of the reasons why I am looking for a better job) Why do people take awful jobs? becuase sometimes there is nothing else available. A few years ago I had a good job in furniture sales. The company went belly up. 2 weeks later, after an unsuccessful job search, I was flipping hamburgers. I made more than minimum wage, but it still wasn't near enough to pay my rent. Luckily, I found another good sales job in 2 months. but that was 2 months of flipping hamburgers at Wendys for $6 an hour! I still won't eat at Wendys.

"they willfully took the job"? IMHO, that is a lame excuse. Sounds like the employer is just trying to pay their employees less, so the managers can pad their pockets more. How insulting to their employees!! If I was the employee, and I was tricked into taking a job that paid less than mimimum wage, and the employer still took taxes out, I might think about getting a really good lawyer. If I knew from the start, that the pay scale was, shall we say, a little funky? then it is my problem, becuase I knew about it.
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#6
Quote:Originally posted by DeamondBleed
Even though what the employer is doing is not only illeagle, it's also wrong to not pay someone what they are legaly entitled. Also why is someone taking a job that pays so poorly?

Should it be an excuse for any company caught cheating its workers to say "they willfully took the job"?


Can't really answer the question, just throwing in another viewpoint. I live in San Diego, land of the undocumented immigrants. Many of these men and women are paid under the table, and believe me, they are not making minimum wage. They need the job, they're desperate, so they take it and put up with the pay. It's more than what they would be making in their homeland anyway. They also have no legal standing, since they are here illegally themselves. Their employers are just looking to get the same amount work done for the half the price they would have to pay someone else. They also save money since they don't have to provide health care or any other benefits.

As for legal citizens working for less than minimum wage - I'm sure it happens, but it's not that common. Or at least, not that common to hear about it.
Sheldon: I'm not crazy. My mother had me tested.

~ The Big Bang Theory
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#7
Quote:Originally posted by GamgeeFest
As for legal citizens working for less than minimum wage - I'm sure it happens, but it's not that common. Or at least, not that common to hear about it.


Of my friend that either have worked or are working in the Fast Food industry all are getting ripped off. With some they are being paid a dollar or so less that minimun wage, one even gets a few dollars less. I have told them all "try and find another job (as hard as that may be) and wait till you can leave, then sue them for back wages, corperations have ways of getting rid of someone who will try and get any money away from shareholders and CEOs". One of my friends did, he is quite happy about it as well, since they have to tell any one that sees his resume he was a good worker (which he was) and cannot mention he quite over a pay dispute (whihc is tecnically true, although he has since set up his own bussiness).

The moral of the story is always know your rights as a worker.

Quote:Originally posted by Dagny Taggart
trust me, it is totally legal to pay someone less that what they are worth (entitles is different, i know)!! I am worth way more than i get paid! (one of the reasons why I am looking for a better job) Why do people take awful jobs? becuase sometimes there is nothing else available. A few years ago I had a good job in furniture sales. The company went belly up. 2 weeks later, after an unsuccessful job search, I was flipping hamburgers. I made more than minimum wage, but it still wasn't near enough to pay my rent. Luckily, I found another good sales job in 2 months. but that was 2 months of flipping hamburgers at Wendys for $6 an hour! I still won't eat at Wendys.


Legal to pay less than someone is worth? nearly always, but at least in my country it is illeagle to pay someone below their minimum wage (being able to defeats the purpose of minimum wage).

Out of Curiosity would you (and by you I mean every one who though it was not morally right) if the purson found out they were being ripped off after working for some time and then sued after they left would it be right?

Personally I don't belive it is right for anyone to recive under minimum wage, even illeagle immigrents (who should be allowd to stay at least temporelly if they form a unioun or atempt industrial action against a company paying them too little). If a company dose not respect labour laws then they should expect to be taken to court.

A person knowing taking a job that pays below minimum wage would only do so if they could not get a better job, there fore the element of choice is removed, they can either take the job, or not have any money and therefore starve, they can't choose.

Also, if the employer is doing something that is essencially illeagle, shouldn't they not be pubished for it? Or at least be made to make ammends?
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