What to do if my brother and I did 2 months of hard labor for an acquaintance who has not paid us?

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What to do if my brother and I did 2 months of hard labor for an acquaintance who has not paid us?

It has been 3 months now. We did not sign any work agreement, it was all under the table. She herself is in a huge legal battle with the forest service for them not paying her, and illegally putting her on disability retirement. She is also partially a colleauge of mine regarding a NPO media production company we started up. We have our hours written down, and have sent texts with her about how many hours we have worked and what she owes. I do not have a hard copy of this anymore on my phone. We have witness’s who have seen us doing the work, and were informed about it as we were doing the work. Does this sound like a case?

Asked on October 2, 2012 under Employment Labor Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are entitled to be paid for all work you have done, as per any agreement(s) in place about what you would be paid--and that includes as per any oral or verbal (i.e. unwritten) agreements. If this woman is not paying you, you could therefore sue her for the money, including suing her in small claims court, where you could act as your own attorney(s). You would need to prove, such as by your or other witness's testimony, that it is more likely than not (that is, by a "preponderance of the evidence") what the agreement was and that did the work.


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