How do I go about getting unpaid wages from a supposed independent contractor?

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How do I go about getting unpaid wages from a supposed independent contractor?

I’m owed unpaid wages from independent contractor but am not sure if it’s an employee misclassification or not. I signed paperwork as an employee of the 3rd party delivery company, however they are saying they can do nothing to help me get paid. The delivery company is Ford Storage Moving and they are the contracted company for Nebraska furniture mart. The driver whom I worked with owns his truck, he is paid by Ford. I was hired by Ford. But then assigned to his truck. Prior checked which sometimes bounced were from truck owner. I now have fees with bank plus unpaid wages for hours worked.

Asked on November 20, 2016 under Employment Labor Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue whomever it was that you contracted with--that is, you agreed to work for, and who agreed to pay you for the work; that is how you get money owed you for work you did but which is not paid you. You sue for breach of contract: there was an agreement (an oral contract) that you would be paid for the work you did; if you did the work, the person hiring you to do it must pay you. If he does not, he is in breach of contract. 
If you were paid with checks that bounced and incurred any costs (such as bounced check or NSF fees), you can sue for those, too.
If the amount of money at issue is equal to or less than the limit for small claims court, suing in small claims, acting as your own attorney, or "pro se," to save on legal fees, is a very good option.


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