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Employer refusing to pay me final wages (Indiana)

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AFrnswrth

Junior Member
I live in Indiana.

To start at the beginning I worked for my ex employer from March 2012 to March 2013 when I resigned with 2 weeks notice. After putting in my two weeks notice on March 27 I was told to return all the equipment and that my last day of work would be March 29. The contract that I signed with my employer states that I am "to be paid $2,000.00 a month" salaried. I sent a demand letter on April 5th via email and certified mail and received a response with a letter saying that they did not owe me any money and that for the month of March I was paid on Feb 28 and Mar 15. Now to me that sounds like they have "pre-paid" me for my work to be completed which was never agreed upon at any point. When I asked them about that they stated that they do not "pre-pay" employees and that I still was owed no money.

I am seeking my final wages of $1,000.00 and damages allowed by law in Indiana of 10% of the original amount per day not exceeding double the original claim.

I have little to no experience with this and do not have the money to afford a lawyer and am in dire need of my final wages.

Thanks for the help!
 


cbg

I'm a Northern Girl
If you were an employee (W-2 at the end of the year) then employment law applies and you have the option of filing a complaint for any unpaid wages with the state DOL. The state will decide whether penalties apply.

If you were a contractor (1099 at the end of the year) then employment law does NOT apply and it becomes a matter of contract law. In that case, the appropriate forum would be small claims court if the amount owed falls within the limit; civil court otherwise.
 

Zigner

Senior Member, Non-Attorney
It's also possible that the OP was a "1099 worker" but should have been classified as an employee. OP should contact the state for guidance.
 

AFrnswrth

Junior Member
So since I have filed an SS-8 should I just let the Dept of Labor take it over and make a claim with them and let it be? How often should I follow up, etc?
 

LdiJ

Senior Member
So since I have filed an SS-8 should I just let the Dept of Labor take it over and make a claim with them and let it be? How often should I follow up, etc?
No, because it will take months for a determination to be made on the SS-8 and even then the DOL might not help you. Sue in small claims court.
 

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