As an attorney deeply committed to fighting for workers’ rights, I encountered a case that truly underscored the importance of standing up for what is fair and just. This is the story of Luis Polanco and his son Victor, a father-and-son superintendent team in Queens, New York, who faced an unimaginable situation.
Luis Polanco was hired in 1980 by K. Peng Realty Corp. to oversee a 16-unit building at 37-70 62nd St. in Woodside. He was allowed to live there with his family, a seemingly fair arrangement. However, as time passed, a shocking truth came to light. Luis and his son Victor, who joined him eight years ago, had not received a single paycheck for their work over the years.
The situation took a turn when Luis, at the age of 74, was abruptly fired and faced eviction. This prompted him to seek legal assistance, initially for age discrimination. However, during our discussions, a more pressing issue emerged: Luis had not been paid for his 35 years of service.
The revelation was startling. Luis, who doesn’t speak English, had remained silent, fearing homelessness for his family if he spoke up. Victor attempted to support the family by working odd jobs. To make matters even worse, despite never getting a paycheck from the landlord, Victor and Luis purchased materials for the building out of their pockets over the years.
In April, we filed a lawsuit in Queens Supreme Court seeking back wages of approximately $450,000 for the last six years – the maximum allowed by the statute of limitations. The property owner, George Fan, responded by claiming superintendents and janitors are exempt from minimum wages and overtime, a defense we were prepared to challenge vigorously.
Despite the ongoing legal battle, Fan initiated eviction proceedings against the Polancos. In response, I filed an order to show cause, seeking a temporary restraining order to halt the eviction. Thankfully, the order was granted, providing the Polancos some relief during this tumultuous time.
The case was a complex and emotionally charged journey. But through persistence and a deep commitment to justice, we ultimately settled for $225,000.00. This settlement, while not covering the full extent of their unpaid labor, represented a significant victory for Luis and Victor Polanco.
This case is a testament to the importance of understanding your rights as a worker and the power of speaking up against injustice. As an attorney, it’s my mission to ensure that individuals like Luis and Victor are heard and compensated fairly for their hard work and dedication.