Can I get paid if the employer hired me by phone call and not a written contract?

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Can I get paid if the employer hired me by phone call and not a written contract?

I was hired by an employer in health sector. I worked for them for 48 hours in
two weeks time. I was told they don’t need my service. They give me a form and
asked me to fill in the hours I worked. I did that. Two weeks later I sent them an
e-mail for payment. They didn’t respond. I sent another e-mail. I realized the
employer doesn’t want to pay me.

How can you help me resolve this conflict?

Asked on February 2, 2018 under Employment Labor Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Although there wasn't any written contract, a contract existed because you were employed.  You were to perform a certain job in exchange for payment.
Therefore, you can sue the employer for breach of contract / account stated.
You can file your lawsuit for breach of contract / account stated in small claims court.  Your damages (monetary compensation you are seeking in your lawsuit) are the amount you are owed.  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.


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