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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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