I already posted this on r/legaladvice, but I also wanted to post it here because I’m just absolutely livid.
My brother took up a temporary construction job with a local company recently after getting laid off. He completed 47 hours of work at $50/hour total (which includes the cost of his labor, materials, and personal construction equipment). It’s been over a month, and the contractor has not paid him the $2300 he’s owed. For context on laws and such, we live in Texas.
My brother has contacted the contractor several times to figure out when he’s getting paid. The contractor constantly has excuses as to why he can’t pay him, along the lines of “I’ve got kids and other companies I own, I haven’t had the time to write you a check”. The guy told him he would pay him this Friday, which ended up not happening. He then told my brother that he wouldn’t be able to get him a check this weekend because he would be out of town, which my brother understood, until he ran into him in town today.
My brother contacted him again today after seeing him in town, once again asking when he would be paid for the job he completed over a month ago. Instead of apologizing for not paying him yet, he continued to make excuses for why he hasn’t paid him and essentially just insulting him. He also told my brother it’s illegal to ask his colleagues for advice on what to do in this situation, and that it’s a “bad business practice” to ask to be paid. Additionally, he threatened to withhold the wages from my brother for up to 180 days and “ruin our family’s reputation” if he asks to be paid again.
We have it in writing when and how much he was supposed to be paid, as well as a 20 minute recording of a phone call between the two. (To my knowledge that’s legal in Texas as long as only one of the parties gives consent) As far as what steps to take, I’m unsure. We’re both in our early 20s and don’t have experience with this sort of thing, so we’re trying to figure out what steps to take. A family member suggested attaching a lien to the property that he did the work on, but I feel like a small claims lawsuit might be what’s necessary.