Contract Work I Haven't Been Paid For

[Micohenca]

I am in California. I worked a marketing event for a company that is based in Chicago, IL. This company hires Brand Ambassadors to market and promote a specific company/brand at large events. The company whom I did work for had me promoting The Home Depot at a large Hispanic event in San Diego, CA. I worked on September 14, 2008. As 10/20/2008, the company has not paid me. I have specific emails detailing the pay rate, the hours, and contact names. All employment information was filled out online. The Home Depot representatives (direct employees) were there also. The company I worked for said that as soon as they are paid by The Home Depot, they would pay me. Do I have any recourse? I think 5 weeks (and counting) is sufficient time.What is the name of your state (only U.S. law)?

 

[eerelations]

Are you expecting to be paid as an employee (i.e., via a payroll system with statutory deductions etc.) or as an independent contractor? Your answer is important as our response will differ depending on which dategory you fall into.

 

[Micohenca]

I don't remember filling out exemptions (IRS) info, so that would make me think I am an Independent Contractor. I just got off the phone with the company and they confirmed that I would be paid as an Independent Contractor (if I'm ever paid).

 

[ecmst12]

If you are an independent contractor, your only recourse is small claims court.

 

[Micohenca]

If I go to small claims, would I file in my home state (CA)? Where the work was done (CA)? Or does it need to be where they are located (IL)?