fired without payment

[somethingdumb]

Ok, so, I was hired as some sort of independent contractor for a video production company. Just before starting they changed my payment from 27.50/hr to a promised flat rate of $3300 a month. I put in 35 hours over 6 days and they decided they didn't like my work and fired me. They're refusing to pay me, even a portion of what I earned on the basis of not using any of my work. I never signed anything, but all of the communication was over skype and I have the messages.

What are my options for getting paid, here? Do I have any recourse?

I live in MA but the company is in D.C.

 

[cbg]

You were either a contractor (1099 at the end of the year) or an employee (W2 at the end of the year).

Which are you? Your options are different depending on which.

Before any other responder comes in, yes, I am aware that if he is listed as a contractor it may be an incorrect classification, but let's take this one step at a time, okay?

 

[somethingdumb]

You were either a contractor (1099 at the end of the year) or an employee (W2 at the end of the year).

Which are you? Your options are different depending on which.

Before any other responder comes in, yes, I am aware that if he is listed as a contractor it may be an incorrect classification, but let's take this one step at a time, okay?

Definitely a contractor, I misspoke (and fixed) in the original post

Basically, I work from home doing video production, make my own hours, and was hired to complete a few weeks worth of separate jobs (with each job taking a week)

 

[cbg]

Then labor and employment law do not apply to you, and your options lie in civil court.

 

[somethingdumb]

Then labor and employment law do not apply to you, and your options lie in civil court.

I was reading into it a bit and what if I was being treated more as an employee than an independent contractor? I think I was hired with the intention of being an independent contractor, but I was doing some very employee-like things. IE the work I was doing was part of the actual function of the company, I was told when and how to do the job (though i was TECHNICALLY choosing my own hours), I was trained for the job, etc

 

[cbg]

And when I asked that question, you emphasized that you were a contractor. Sounds to me like you didn't like the answer and now are backpedaling trying to get a different one.

Odd, too, because most people WANT to be told they can sue (which is the option available to a contractor) and don't like being told to call the DOL (which is the option generally available to an employee)

 

[somethingdumb]

And when I asked that question, you emphasized that you were a contractor. Sounds to me like you didn't like the answer and now are backpedaling trying to get a different one.

Odd, too, because most people WANT to be told they can sue (which is the option available to a contractor) and don't like being told to call the DOL (which is the option generally available to an employee)

I don't want to sue someone 1000 miles away for $950. That doesn't quite seem worth my time. I just need to get paid.

 

[eerelations]

Esteemed Colleagues, correct me if I'm wrong but I believe the federal DOL will only pay the OP minimum wage for the hours he's worked (if he can prove to them he was an employee and if he wins his case).

 

[cbg]

There is no single element that automatically makes you an employee. There is a list of some 20+ items on it, and you would need a preponderance of evidence to determine which status you fall into

I'm not saying it's impossible you were an employee. Employee is the default. However, I take issue with the fact that you were quite certain you were a contractor until you were given an answer you didn't like - then all of a sudden you decided that maybe you were an employee instead. That doesn't do your cred much good.