My Final Check Was Withheld Falsely

[judgediatl2]

What is the name of your state? Ohio & Colorado

Just getting a second opinion on this, to ensure I have the full scope of what I've recently been told.

I've been working for a website for almost eight years. I live in Ohio, the site owner lives in Colorado. I have ran the site as an independent contractor. He's always paid me via personal check or PayPal the first week of each month. I'm always paid a month behind (IE: what I get paid in the current month is for work already completed in the previous one). After a wouldn't agree to several unreasonable terms, he said he's refusing to pay me what is owed until I comply. Based on my research, this is a violation of the labor laws in both states. However, due to me being an independent contractor, I don't have those protections.

So I plan to sue him, in what I would assume is small claims court (the final payout owed is less then $2,000). But I have to do it, on principle alone, if nothing else. So what will this process look like, and what should I expect? What is the name of the type of attorney I'll need? I'll also need someone that will take the case on a contingent bases, so I don't have any upfront costs. I can't afford to take the risk of a suit if I'll have any fees. So will need those who don't collect unless we win.

Much appreciated!

 

[quincy]

What is the name of your state? Ohio & Colorado

Just getting a second opinion on this, to ensure I have the full scope of what I've recently been told.

I've been working for a website for almost eight years. I live in Ohio, the site owner lives in Colorado. I have ran the site as an independent contractor. He's always paid me via personal check or PayPal the first week of each month. I'm always paid a month behind (IE: what I get paid in the current month is for work already completed in the previous one). After a wouldn't agree to several unreasonable terms, he said he's refusing to pay me what is owed until I comply. Based on my research, this is a violation of the labor laws in both states. However, due to me being an independent contractor, I don't have those protections.

So I plan to sue him, in what I would assume is small claims court (the final payout owed is less then $2,000). But I have to do it, on principle alone, if nothing else. So what will this process look like, and what should I expect? What is the name of the type of attorney I'll need? I'll also need someone that will take the case on a contingent bases, so I don't have any upfront costs. I can't afford to take the risk of a suit if I'll have any fees. So will need those who don't collect unless we win.

Much appreciated!

You probably will find no attorney who will work on contingency to help you collect $2000.

In order to sue to collect on the amount you are owed for the work you performed, you should have some evidence to support the work you did and some evidence to show the amount you were promised for the work you did.

Do you have a written and signed employment agreement with the website owner?

 

[zddoodah]

After a wouldn't agree to several unreasonable terms, he said he's refusing to pay me what is owed until I comply. Based on my research, this is a violation of the labor laws in both states. However, due to me being an independent contractor, I don't have those protections.

If you're an independent contractor, your recourse is to sue for breach of contract.

So I plan to sue him, in what I would assume is small claims court (the final payout owed is less then $2,000). But I have to do it, on principle alone, if nothing else. So what will this process look like, and what should I expect? What is the name of the type of attorney I'll need?

For starters, why would you want to hire an attorney for a small claims case? Unless you have a written contract that allows you to sue in Ohio, you'll need to do this in Colorado (and your travel costs won't be recoverable). Such are the risks of doing business with folks in another state. Watch an episode of People's Court to see what small claims court is like. While that's not a real court, it's the same basic concept.

I'll also need someone that will take the case on a contingent bases, so I don't have any upfront costs.

If you were to hire a lawyer, the likelihood that anyone would take a $2,000 case on contingency is virtually nil. And, even if you could find someone to take the case on contingency, you'd almost certainly have to front the filing fee and cost of serving the papers on the defendant.

 

[quincy]

https://www.courts.state.co.us/Self_Help/smallclaims/

You should be able to manage a small claims action without the help of an attorney. Your biggest issue is handling the suit in Colorado when you live in Ohio.

 

[quincy]

Related thread:
https://forum.freeadvice.com/threads/I-dont-think-im-really-an-independent-contractor.660427/

 

[judgediatl2]

Thanks for all the helpful info. My biggest reason for feeling I needed an attorney is to find someone who can handle it for me locally. I have all the facts, and it seems pretty cut and dry to any judge that he just decided to get even with me by making up an excuse and not paying me. But I figured an attorney could help save me the trip in person. He says he has a lawyer, so long as his lawyer represents him, then having someone rep me remotely should be doable right? I could care less if I have any money left, I'd do it on principle alone.

 

[Zigner]

...having someone rep me remotely should be doable right?

You would have to make an appearance. The court, in this pandemic time, might allow for telephonic appearances. You can check with the court.

 

[zddoodah]

I could care less if I have any money left

That means you do care. Depending on where in Ohio and Colorado you are, you'll probably spend about as much on a lawyer as you would traveling. You should look to see if lawyers are even allowed in small claims court in Colorado. If they aren't, then your decision is made.

 

[quincy]

Here is a link to small claims rules in Colorado. You cannot have an attorney represent you, with exceptions as noted under Rule 509, but this does not preclude you getting advice and direction from an attorney before filing suit.

https://www.courts.state.co.us/userfiles/File/Self_Help/Small_Claims/Small_Claims_rules(1).pdf

 

[quincy]

Please add any additional responses to the other thread. This one will be locked so we don’t keep repeating information.