What to do about not being paid for work done?

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What to do about not being paid for work done?

I’m a licensed chiropractor. I went to a job interview where the owner tried me out for 3 hours to see how I interact with patients. I also submitted a job application. After the holidays, I call, the office manager asks me to come in to work three days a week. First day, no discussion on how I would get paid. Second day, the office manager avoids the subject, owner as well, finally they give me a figure but have yet to show me a written contract. The manager tried to claim I was just volunteering but said she would give me cash when I protested. Do I have any recourse to get paid for the 11 hours? The time card is in their possession and they are still proceeding along like I am an employee when they said I am an independent contractor.

Asked on December 1, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Legally, whether you were an employee or an independent contractor, you must be paid for all work done, pursuant to the agreed upon rate, wage, or salary. (Oral agreements are as enforceable as written ones, for this purpose.) Practically, if you do not have documentary proof of either the amount you should have been paid or the number of hours you worked, it  may be difficult to prove your case--if they will not pay voluntarily, your only option is to sue them, in which case, as the plaintiff (the person suing) the burden of proof is on you. A good option to consider is suing in small claims court, where the filing costs are low, you can act as your own attorney (no legal fees), and cases move comparatively quickly.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what I see that you have written I suggest that you submit an invoice for the time that you worked with a due date to get paid. If the due date comes and goes then your legal recourse would be to file in small claims court for the money owed.


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