Ask a Lawyer - Archive

My boss wanted me to answer the calls he got from potential tenants of his property. We verbally agreed that I would receive $30 per room, and $50 per apartment. I handled the emails and received emails from 2 scammers. Said their travel agent sent a check. We should take what we need and send the rest back. I told my boss about the emails. He told me to contact them saying they got the place and they should send the checks to his business. I also gave me a copy of the lease and told me to send it to them so they could sign it. They emailed they would sign it when they got here, my boss agreed. The 2 checks came. One check came in my name. Strange. He drove me to the bank to deposit the check into my account. Planned to deposit the check, wait until it cleared, then withdraw and give to him. One scammer rushed us to send the money, I told boss. He said that the check hadn't cleared and that he didn't have the money. He called back and told me that the check did clear and that I should send it. He gave me the money and his wife drove me to to send the money to both scammers. Later, Western Union couldn't send the money to one person, so they refunded me. I went to MoneyGram, which my boss said that was ok. Later, we found out that the checks were fraud. I emailed my boss asking him if he would pay me for my loss,($3000). He told me that he would pay me. Later, he emailed that he would not pay me, I should pay him for his losses. What should I do?

The one thing that is clear to me is that your boss is a scammer. It sounds to me that he took advantage of you in more ways than one. The first is that he likely is violating the Fair Labor Standards Act in how he was paying you. For him to run checks through your account and make you liable for his business losses is unethical and perhaps illegal. I suggest you tell him you are going to contact the Department of Labor and other legal authorities if he doesn't pay you for your loss. See what that does. It seems that only other way you're going to get your money is to sue him, and even if you get a judgment, you would have to collect it. If he owns the properties, you could attach your judgment as a lien and have some leverage and real chance of getting paid. It's small enough that you could likely do this in small claims court. Best of luck.