What can I do if I’m a home delivery contractor and the company I’ve been working for has been cheating me out of money/work?

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What can I do if I’m a home delivery contractor and the company I’ve been working for has been cheating me out of money/work?

When I first started they made me give them all my business paperwork. I never signed a contract I just started work. The operations manager told me that I would be running my truck 5 days a week and I would be getting x amount of dollars everyday. I never even filled out a 1099 with them. Long story short, I found that they paid extra money for work that requires more people. I used extra people for a whole year never got paid and never was told we got paid for it. What should I do?

Asked on January 11, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you have been paid the agreed upon amount, you were not "cheated" (in a legal sense) out of anything: you received the amount of pay you agreed to work for. That's not to say that they did not pay other people more, but a company can choose to pay others more--as long as you are paid what you agreed to work for, that is legal.
The above said, an employer may not pay women less because they are women--that is illegal, even if the women agreed to the pay. The can pay a woman less for other, non-gender or -sex based reasons, such as experience, seniority, credentials, etc.--but if the *only* reason the woman is being paid less is that she is paid less is that she is a woman, that may be illegal gender-based employment discrimination. If you feel this may be the case, you should speak with the federal EEOC or your state equal/civil rights agency about possibly filing a complaint.


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