Can she hurt me?

[mlisa402]

What is the name of your state (only U.S. law)? Louisiana
Hi I need help.... I have a small cleaning business and clean only new construction commercial buildings. I recently hired a girl that is from AL that worked with me on a job close to her in the past. Before she came to LA my statement to her was that I could not pay her like I had done on the AL job and requested that she tell me what she would need to com to LA and help me for couple of days. She contacted me back and stated that she would need $300 + hotel room. It was agreed that she would come early Monday morning and we would begin work. She did not show up until almost 11:30 and we took off at 3:30 that day. We worked the next two day about 10hrs one day and 8.5 the third day. During her time working on this job, I had another job offer come up and she wanted me to take it so she could make more money. After working on the second job for about 8 hours first day and 4.5 the seconday she left me in a bind becasue she desided she was tired and was going home knowing I had a 5pm dead line. At 4:15 when she left at 2pm I was confronted by the GC that all the work she had done on the last day was awful and it needed to be redone. I was there until 4am redoing her work. I still paid her for that day. We agreed upon a price for first store but not second and even though there were alot less hours worked on second job paid her the same amount as agreed on first job. now she is not happy with her pay and thinks I owe her tripple the amount and wants to put lien on job. Can she do so?

[cbg]

I doubt it. She would have to go to court and get a judgement against you, and if you paid her what you agreed on it's doubtful she could do that.

[ecmst12]

Not without taking you to court, and unless she can show a written contract which you breached, she doesn't have much of a case.

[attemply]

Did you provide a written statement or something like a contract form to her.?

[eerelations]

Not required for OP to prove her case.

[commentator]

In reading this over, you paid her the same amount for the second job as you had paid her for the first job, though it was less hours, and all this other stuff happened, in other words, she does a very poor job, she walks off early, etc. Then she has now decided she wants triple the pay? Tell her go fly a kite! Or else let ME come to work for you, it sounds like you're very generous!

[mlisa402]

After I sent this form in the girl I have been talking about tried to cash the check a day early. Being she put the check in her account the check come back. The day that her bank found out even before it was sent back to her the bank called her and told her that my check was returned to her. The girl called me right after and I had told her that we had agreed when to cash check but being it went thru a day early the funds were not there. The day she told me about the check returning the funds were there then so I told her to go to my bank and cash the check and I would reimburse her on the bank fee for it returning. She then rufused to go cash check becasue it's not the amount she wants so after days and days of trying to work this out she still is not willing to compromise. I finally give up and have not talk to her since. I tried to call her and there has been no response and it has been almost a month now and she still has not cashed the check. My boyfriend is telling me that I should contact her in writing and tell her she has a few days to cash the check or I will put a stop payment on it but I do not know if I should do that. The girl worked I owe her the money that I gave her in the check form but she will not cash the check becasue she wants more money. I even gave her some cash but do not have record of it and she never mentioned that I gave her so I am sure she is gonna say I never gave her that 80 dollars cash. What should I do? I even checked with her DA office to see if she gave the check to them for collection but results were no.

[mlisa402]

I also wanted to mention we had nothing in writing everything was done verbally. The only thing in writing is her emailing or texting threating me about giving her more money.

[pattytx]

How long has the check you already mailed her been outstanding?

[eerelations]

Originally Posted by mlisa402

I even gave her some cash but do not have record of it and she never mentioned that I gave her so I am sure she is gonna say I never gave her that 80 dollars cash.

After all the arguments, disagreements, threats, and bounced cheques you didn't think to get a receipt from her? It's almost like you're setting yourself up for a fall...

[mlisa402]

I wrote her the check and gave it to her the day she left early and that was a month ago but the check ran through my account a day earlier than we agreed to cash it so since the day the check came back to her bank the check has been good.

I did not get nothing in writing or a reciept for the cash because when I gave it to her everything was fine she said she needed some spending money one of the nights she was there so I went to ATM and got her $40 then the last day she worked she said she needed gas money and being the check was not good until the day I told her it would be I gave her another $40. She didn't get mad about everything until she got home to AL.

[pattytx]

Dear PITA ex-employee:

Our records show check #123456 dated MM/DD/YY in the amount of $money is still outstanding. Please cash this check at your earliest convenience. If the check is not cashed within 30 days of the date of this letter, we will assume that you did not receive or have lost the check and a stop payment will be placed..

Send it certified, return receipt requested.

[mlisa402]

OK Thanks I will

[mlisa402]

About writing the letter to her, can i still write it even though she ran it through already and it went back to her and since it was know that it was return the money has been sitting in the account waiting to be cashed? I even offered to get the check back from her and replace it with cash but being I did not want to agree to give her the amount she was requesting she saiod she wasn't going to do anything with the check. I am not going to give her cash and not get my check back.

[pattytx]

OK, you're saying that when she first negotiated the check, it went back to her NSF? And she hasn't tried to negotiate it again?