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UNPAID HOURS/ SMALL CLAIMS

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I reside in the state of Oregon. I recently had the misfortune of a verbal work contract not working out after a trial period. I had accumulated 112 hrs when I let the guy know that I wouldn't be working with him as of the next day. He asked me to let him know how many hours he owes and I sent him a text with the information that same day.

After 2 days, I text massaged him wanting to know when to expect my payment. When he responded (4 days later) he asked for my address(which he already knew), hours worked, I-9 and 2 pieces of ID. I called him and though he did't answer, I left him a voice massage and told him that I wasn't an employee and hadn't signed any contract to make me one so I didn't understand why he asked for these documents.

After trying to contact him again, he said that he will send me a check after I send him the documents he asked for to an email that he gave me on the said text. He also said that I wont be able to contact him on the phone again. True to his word, he blocked me.

I reached out to him a week ago through a common friend and he said he would mail the check. I haven't seen the check or heard from him so far and I sent him an email yesterday asking for any information regarding the matter and didn't hear back.

I am planning on sending him a final notice email informing him that if I don't hear from him by Friday the 8th, I will take legal action to recover my owed money and legal fees.

What should I be aware of and what's the best way to work this out?

Any info is appreciated, thanks.
 


Zigner

Senior Member, Non-Attorney
I reside in the state of Oregon. I recently had the misfortune of a verbal work contract not working out after a trial period. I had accumulated 112 hrs when I let the guy know that I wouldn't be working with him as of the next day. He asked me to let him know how many hours he owes and I sent him a text with the information that same day.

After 2 days, I text massaged him wanting to know when to expect my payment. When he responded (4 days later) he asked for my address(which he already knew), hours worked, I-9 and 2 pieces of ID. I called him and though he did't answer, I left him a voice massage and told him that I wasn't an employee and hadn't signed any contract to make me one so I didn't understand why he asked for these documents.

After trying to contact him again, he said that he will send me a check after I send him the documents he asked for to an email that he gave me on the said text. He also said that I wont be able to contact him on the phone again. True to his word, he blocked me.

I reached out to him a week ago through a common friend and he said he would mail the check. I haven't seen the check or heard from him so far and I sent him an email yesterday asking for any information regarding the matter and didn't hear back.

I am planning on sending him a final notice email informing him that if I don't hear from him by Friday the 8th, I will take legal action to recover my owed money and legal fees.

What should I be aware of and what's the best way to work this out?

Any info is appreciated, thanks.
What was the work?
Why do you feel that you weren't an employee?
Why wouldn't you just give him the required documentation in order to get paid?

If you are truly an independent contractor, as you seem to believe you are, then these are not "wages" and you will not be able to recover "legal fees"
 
What was the work?
Why do you feel that you weren't an employee?
Why wouldn't you just give him the required documentation in order to get paid?

If you are truly an independent contractor, as you seem to believe you are, then these are not "wages" and you will not be able to recover "legal fees"


I helped him with two projects, building a fence and laying a floor.
When we first spoke about work, I told him I wasn't looking to be employed since I was helping him on my downtime. I also let him know that I do my own taxes thus no need to fill any paperwork. I didn't perceive myself as an independent contractor, I was a hourly paid temporary help.

He first asked for the hours, two days later the address, a week later, he demands the hours, address, I-9 and 2 forms of ID. It doesn't make any sense why he would ask for these. I am not an employee and wasn't one. His actions so far makes me feel uneasy about giving him my personal info.
 
Can 1 be considered an employee without a written contract?
I didn't fill any paperwork to make me an employee, it was all word of mouth till he started playing games when it came to paying.
 

Zigner

Senior Member, Non-Attorney
Can 1 be considered an employee without a written contract?
Yes, absolutely. The matter of a written contract has no real bearing on your classification as an employee.
I didn't fill any paperwork to make me an employee, it was all word of mouth till he started playing games when it came to paying.
You don't have to fill anything out to "become an employee".

I would suggest that you read the following information to see why I am saying that you were obviously an employee. http://www.oregon.gov/ODA/shared/Documents/Publications/NaturalResources/20FactorTestforIndependentContractors.pdf

While you may have the option of filing a wage claim with the state ( http://www.oregon.gov/boli/WHD/Pages/W_Whhowinf.aspx ), you might be better off suing the bad guy in small claims court.
 

Zigner

Senior Member, Non-Attorney
Just so you know...filing with small claims court restricts your ability to file a claim with the state.
 

PayrollHRGuy

Senior Member
Just so you know...filing with small claims court restricts your ability to file a claim with the state.
And to add to that. With a small claims judgement it will be up to you, not the state, to collect.

Did you ever provide the I9 documents?
 

Zigner

Senior Member, Non-Attorney
I suspect that the OP has other reasons for not wanting this money to show as income.
 

PayrollHRGuy

Senior Member
Either method could be problematic if that is the case if the payor does what he is supposed t do and send in a 1099.
 

Mass_Shyster

Senior Member
I didn't perceive myself as an independent contractor

I am not an employee and wasn't one.
When you do work for someone in exchange for pay, you are categorized as an employee or a contractor. There are no other categories to choose from. The person paying you will have to send you some kind of tax document - either a W2 for an employee or a 1099 for a contractor. Either way, he needs your information so he can tell Uncle Sam that he paid you.
 

HRZ

Senior Member
OP you are planning to do it the wrong way...and if the judge is having a bad day then a suit for sums due as an IC when it's pretty darn clear you are an employee may get you tossed from court...if you are lucky ...if you are unlucky the judge might award you $1 ...and that may ice any other options you might have had.

The state has mechanisms to enforce collection of wages and hefty penalities are there for employers who fail to willfully pay ...file a wage claim ...it's not hard.
 

Zigner

Senior Member, Non-Attorney
OP you are planning to do it the wrong way...and if the judge is having a bad day then a suit for sums due as an IC when it's pretty darn clear you are an employee may get you tossed from court...if you are lucky ...if you are unlucky the judge might award you $1 ...and that may ice any other options you might have had.

The state has mechanisms to enforce collection of wages and hefty penalities are there for employers who fail to willfully pay ...file a wage claim ...it's not hard.

Oregon allows for employees to file small claims actions for recovery of unpaid wages. It won't get the OP "tossed from court", nor will it result in a $1 award (presumably because the judge is "having a bad day").
 

HRZ

Senior Member
OP claims to be an IC not an employee ....rather unlikely he is a true IC....and employees who are stiffed wages have stronger options to let state do it and or add on the penalities and costs allowed by state law .
 

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