Independent Contractor "fired" odd situation

[Emma89]

What is the name of your state (only U.S. law)? Texas

I was recently hired as an independent contractor to do work for a local business. I have been there for 2.5 weeks. I do not have a contract in writing (I know this is my mistake, and I will own up to it, please don't flame me for it). I do have multiple emails between me and the business owner stating the work to be done and the price for doing it.

The business owner and I had a misunderstanding re: my duties. I understood that I could perform part of my work outside of the office/ in my home office. This is why I took the job; I have many freelance contracts and work from home all the time. He said I would need to be in the office sometimes but not as a rule.

Today he got enraged at me for not being in the office when he expected me. Long story short, he got very personal and made some sexist/ insulting remarks at me via email. He says he will not pay me what he owes me (about $600) and sent a few more harassing emails before stopping.

What he was apparently demanding of me (ie being in the office full time) sounds like employee to me, not I.C., as I believed I was hired to be. He even said "you're fired" which makes it sound like I was an employee. I feel as though I was treated unfairly.

Do I have any recourse? I don't want my position back, the guy is nuts, but I did a week and a half of work for him for free. He changed the passwords on the accounts before I could repossess what was already completed, too.

 

[Antigone*]

What is the name of your state (only U.S. law)? Texas

I was recently hired as an independent contractor to do work for a local business. I have been there for 2.5 weeks. I do not have a contract in writing (I know this is my mistake, and I will own up to it, please don't flame me for it). I do have multiple emails between me and the business owner stating the work to be done and the price for doing it.

The business owner and I had a misunderstanding re: my duties. I understood that I could perform part of my work outside of the office/ in my home office. This is why I took the job; I have many freelance contracts and work from home all the time. He said I would need to be in the office sometimes but not as a rule.

Today he got enraged at me for not being in the office when he expected me. Long story short, he got very personal and made some sexist/ insulting remarks at me via email. He says he will not pay me what he owes me (about $600) and sent a few more harassing emails before stopping.

What he was apparently demanding of me (ie being in the office full time) sounds like employee to me, not I.C., as I believed I was hired to be. He even said "you're fired" which makes it sound like I was an employee. I feel as though I was treated unfairly.

Do I have any recourse? I don't want my position back, the guy is nuts, but I did a week and a half of work for him for free. He changed the passwords on the accounts before I could repossess what was already completed, too.

Send him an invoice for the amount of work completed. When he doesn't pay, sue him in small claims court.

 

[ecmst12]

Sue him in small claims court, hope that your emails will be sufficient evidence.

 

[Emma89]

I have been told I'll lose money on it since the amount was just $600.

 

[Antigone*]

I have been told I'll lose money on it since the amount was just $600.

Ok, then don't. Write off the loss. (that is assuming you claim the income).

eta...How about them Eagles huh Em???

 

[Emma89]

No legal recourse here for his expecting me to act like an employee when that wasn't the deal? Or his harassment?

 

[Antigone*]

No legal recourse here for his expecting me to act like an employee when that wasn't the deal? Or his harassment?

No and No You have not hit the law-suit lotto here, okay.

Go after your $600 or write it off, those are your choices.

 

[Emma89]

Oh I don't want more than my $600, trust me! I just... want my $600. But I heard small claims court is for like $2000 and over. I have no money that's why this $600 is such a blow.

 

[Antigone*]

Oh I don't want more than my $600, trust me! I just... want my $600. But I heard small claims court is for like $2000 and over. I have no money that's why this $600 is such a blow.

Google is your friend

Let me google that for you

 

[ecmst12]

No, your recourse is to bill him for the work you performed. You can ask for court costs as well. If you don't think it's worth it, then you get to take the loss.

 

[Emma89]

It's such a confusing/ gray area here. He treated me like an employee by expecting me to be in the office at certain times, and fired me for not being there, even after admitting that it hadn't been clear that I was supposed to be. But per the IRS rules IC can perform the work where they want to - I was working for him, full time, from my home office. Same with the interim reports he demanded, etc. I was treated just like an employee, right down to the firing. I was fulfilling the project itself, just not doing it the way he wanted, ie by sitting in the office with him to do it. I have no idea what legal rules this falls under. I guess I'll just send him an invoice even though he already said, and I quote, "lol good luck getting paid."

Would it help to have a lawyer sign off on the invoice or something?

 

[ecmst12]

You don't need a lawyer to sue in small claims court. Give him 10 days to pay and then sue. You were not there long enough to establish any kind of case for you being an employee, and it's not worth pursuing THAT, just to get him to pay taxes on your $600.

 

[Zigner]

Any costs you incur by filing the case can be recovered as part of the case. (Service of process, filing fees, etc.)

 

[Emma89]

this has gotten crazy.

The guy just emailed me again and informed me that he's worth $100 an hour and my needs mean nothing to him, and that he doesn't intend to pay me... unless I am willing to show up in his office tomorrow and face him in person in order to collect my check. He has called me any number of names and thrown tons of insults at me, and on top of that, he's violated our agreement. I worked hours for him, he agreed to pay me for hours. He never said I had to be 'in person' to get paid, but he says that now. In fact, I am leaving the state for a few weeks and he had agreed to mail me checks. But now he says the stipulation is that I have to show up, that I didn't complete the work to his satisfaction anyhow, that my stupidity amuses him, and he bets I'll show up because I need the money so badly.

Seriously, this guy is a Bond villain.

What's my recourse here? He'll laugh at a payment demand letter. I can't afford a lawyer. Am I supposed to call a civil assist and have a cop go with me? This guy is creeping me out.

 

[ecmst12]

Go in and hand him your invoice. If he doesn't pay, file in small claims court ASAP so you can get it done before you leave town. You don't need a lawyer.