Do I have a small claims case if my employer is refusing to pay me for the hours that I worked?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have a small claims case if my employer is refusing to pay me for the hours that I worked?

I friend of mine started his own interior trim business 3 months ago. He hired me to work for him as an independent contractor. We had been working together for about 7 years and he was a childhood friend, so I never thought twice about signing a contact with him. Initially, he stated that he was going to pay me once a month, but once a month passed and I accumulated about 180 hours of work. He then changed his mind and said that he was going to pay me weekly. Long story short, I quit working for him about a month ago and I still haven’t been paid all the money he owes me. What should I do?

Asked on August 7, 2011 Indiana

Answers:

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

Answered 10 years ago | Contributor

You could sue your friend for breach of contract for the amount you are owed.  Depending on the amount you are owed, you may be able to file your lawsuit in Small Claims Court.  Your damages (the amount you are seeking to recover in your lawsuit) should include the amount you are owed plus court costs.  Court costs would 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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption