I’m a traveling welder, I went to a job in Idaho for a guy I was working for in Michigan, as agreed we were to get an hourly rate during our travel. Everyone else but myself received pay for travel.

I worked two days in Idaho, I was
suppose to receive travel pay from ohio
to idaho, 30 hrs at 30 hr. I was paid
for the two days but not for the travel
like we agreed on. I was told this
before I traveled clear over there. I
got a call about another job back home
and a accepted it, and my daughter
became extremely ill with severe croup.
So I went home. I told the owner this
the first day I worked and he still
agreed to pay travel to the job just not
home.

Asked on November 21, 2018 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If there was, as you indicate, an agreement to pay you for your travel, then if you were not paid, you could sue your employer for "breach of contract" (for violating their agreement) for the money due to you. You would have to show in court the existence and terms of the agreement; even if it was oral (unwritten), you can go this by credible (believable and trustworthy) testimony. You would also have to show the amount of hours you traveled. If you were hired by an LLC or corporation, you sue the LLC or corporation; if hired by an individual (e.g. a sole proprietorship), you sue that person. If the employer was in a different state from you, as you appear to indicate, you can't sue in small claims court, but would have to sue in "regular" country court, which will increase the time, cost, and complexity of the lawsuit.


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