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

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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 12 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.


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