Letter to write, looking for advice

[justagirl2325]

Sorry, post deleted

[Simon Dog]

Contact your state attorney general's office and ask who you should speak to about a wage/hour violation.

And he’s not paying on time again.  He didn’t want to go on a payroll in case he could not work (lose the pension and never get it back).

I don't think going off of SS disability means you can never get back on.

[iolaire]

Unfortunately this sounds like something the employee would need to deal with.  With out the employee's participation you can do next to nothing (legally or socially).  So in the end the only way to tackle this is to try to work with the employee to also represent your interests.

[justagirl2325]

just a bit of detail - Canadian CPP - which would be impossible to get back.  I really just want to write a letter to the brother.  He is treating his invoice as a "supplier" which he'll pay on normal construction schedule 60-90 days if funds are available.  When it should be the 5th.  I don't know, perhaps nothing I do or say will help him be responsible. 

[Simon Dog]

Canada, eh? - got it.

You should realize that by providing "labor" rather than a "supply", and invoice as a supplier you may be committing disability fraud.   This means that if you use the system to push on the employer, the employer could report this to the authorities.   

When dealing with a skunk, never give him something he can use against you.

[Deanne]

It sounds like your DH might not be working "legally." The contract is therefore probably worthless and your BIL knows it. In the end, unless your DH stops working for him, there is no incentive for payment. You and your DH will be better off to think of this a volunteer position - your DH is lending his brother a hand. Nothing more, nothing less. I can understand the arguments this is probably causing between you, your DH, and his brother but I think you need to let the two of them deal with it. it's probably more of an emotional / relationship issue for your DH. I agree with Simon Dog that your DH is committing fraud by being paid under the table.

Why do you say your DH is terminal? Why can't he handle the stress? He's obviously healthy enough to work, so I suspect he can handle stress and doesn't meet the definition of "terminal."

 

[justagirl2325]

Thanks Simon Dog - you have reminded me of something very important - he is a skunk and I don't want him to have anything in his hand that shows he has been working.

And yes, it is not right.  The plan was to work this way until the end of the year, and if he felt ok and wanted to keep working to go off disability and onto regular payroll.

I think I will have to let them deal with it.

And I apologize for the use of the word terminal, I guess that wasn't appropriate.  I just think of it as something that will never go away until he eventually dies from complications of Type 1 diabetes.

[Simon Dog]

And yes, it is not right.  The plan was to work this way until the end of the year, and if he felt ok and wanted to keep working to go off disability and onto regular payroll.

be very careful... if he is not marketable to anyone other than his brother, and creates a situation where he cannot quit (ie, no disability), then he is not an employee but an indentured servant.