non payment on work performed

[smktony7]

What is the name of your state? (delaware)i reasently performed a service for a general contractor that agreed to pay me 25.00 per hr. when the work was compleated he told that the job whent over budjet( which i know for a fact that this is a lie)so he could only pay me 18.00 per hr.which is several hundred dollars difference my questions are as follows: 1) do i file charges on the general contractor in small claims court and what charges do i file. 2)can i recupe any projected wages from this contractor do to the fact that i dont work on any jobs with him or his partner do to this incident. 3) should i file or put a lein on the home owner, i feel that the home owner is also responsible for this dept as the services were preformed at the home owners residents.4) can i recupe or collect court cost. 5) can i collect for mental anguish( do to the fact that this has been eating away at me for several weeks and i worry about my repution. i know that iam taking this to the extream but i dont want this to happen to any one else and i have a piont to make the money dosent matter that much. thank for any and all info will be a great help

 

[Tercr6]

Were you a hire,with deductions taken out of a pay ck.,or was this a when the job is done you'll get pd. deal ?
If there was a pay ck. ( or not ) ( he admitts the agreement was $25.00 per hr.)., file small claims action for the difference & court filing fees.
If you had pay cks,that reflected 25 dallors an hr.,or any other documents proving so bring them on the court dt.
Was there witnesses to the fact you were to get $25.00 per hr.? subeana them to court,unless you can get them willingly to come on your behalf.
It's good to have proof though,they can always pergur theirself.
I doubt you could recover for anything else,unless you could prove he unlawfully fired you,in wich case you could contact the labor dept,to complain. Good luck !!

 

[AmateurShyster]

(1) You could file a claim to recover the difference between what you were promised and what you were actually paid. Small claims court is a civil proceeding. If you use the word "charges", people will think you're charging the contractor with a crime. Unless the contractor never intended to pay you $25 per hour, he didn't commit a crime, and you shouldn't use the word "charges" to describe what you're filing.

(2) If the contractor promised you additional work and then didn't hire you, you might conceivably be able to recover the difference between your actual earnings and what he promised you. If you decided on your own not to work for him, you wouldn't be able to recover. In any case, you would have the obligation to attempt to find other work in order to mitigate your damages.

(3) There might be some situations in which you could recover from the homeowner, but this is probably not one of them. For example, if the homeowner explicitly agreed to guarantee payment of your wages, (s)he would be jointly liable with the contractor. Similarly if the homeowner and contractor were acting together in a joint enterprise of some kind. Most likely, however, the homeowner contracted solely with the contractor and not with you. Lacking what's called "privity of contract" with the homeowner, you would probably not be able to recover from the homeowner.

(4) Check the Delaware small claims rules about recovering court costs. Generally speaking, small claims courts *do* award a prevailing plaintiff an additional amount equal to the filing fees. Also generally speaking, you can't recover attorney's fees or other costs unless there's a statute that explicitly says you can.

(5) There is a well recognized right to recover damages for the intentional infliction of emotional distress. Your distress would have to be extreme, and you would have to show that the contractor intentionally did things that he knew or should have known would cause that distress. The mere fact that you're outraged over being underpaid would probably not meet the required threshold.

In a case like this, your credibility as a witness is paramount. You say he agreed to pay $25, he'll say that he didn't, or that he agreed to pay "up to" $25 if he could afford it. If you lash out at the homeowner, who's probably an innocent bystander here, or seek to recover for future wages or emotional distress, you will damage your credibility. Furthermore, if your purpose in filing suit is something other than just recovering money (e.g., "proving a point"), you risk a countersuit for abuse of process.

On the other hand, if you go into court and calmly present your claim for the lost wages, you should expect the court to give you what's due under the law. The key thing is to tell the truth, and to appear to be telling the truth.