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Independent Contractor Not Being Paid

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What is the name of your state (only U.S. law)? MI

I'm in MI, and was doing independent contracting work for a company in Ohio. Work was perfomed in Michigan. I have not been paid. This has happened to several of us in MI.

Which court would handle this? MI or OH?
 


I live in Michigan. Company in Ohio needed people to handle business in Michigan. That's why I'm asking which state would handle this.
 

justalayman

Senior Member
could you be a bit more descriptive? How were you recruited? Have you ever been to the Ohio office?

is there a written contract? How much money is involved? What are you doing (if that would reveal the company or you, don't be so specific but try to convey what you can)


basically, try to explain the situation a bit. From what you have so far, the answer would be:

maybe Ohio, maybe not. Maybe Michigan, maybe not. Small claims but maybe not. Some higher level of court, or not.
 
It's a small claims case, not much money in the grand scheme of things. I am a bit confused why what I was contracted to do would make a difference.

Yes, there was a contract. It stated I'd be paid within 30 days of billing upon completion of work. I have done the later two. Boss has not done the former.

Who has the case?
 

swalsh411

Senior Member
It matters because so many of these end up being scams and/or you were hired to do something illegal. Was this some money making opportunity you learned about online?
 

justalayman

Senior Member
It's a small claims case, not much money in the grand scheme of things. I am a bit confused why what I was contracted to do would make a difference.

Yes, there was a contract. It stated I'd be paid within 30 days of billing upon completion of work. I have done the later two. Boss has not done the former.

Who has the case?
some things make a difference, some not. Certain things allow you to bring the case in a different court.

Did your contract state if any particular states laws would rule or any action must be taken in any given state? Did your contract include a mandatory arbitration for disputes?

Since you want to eek out the details, I'll say this: generally, with small claims, you must sue in the county of the state of the defendant. There are some exceptions but that is a safe bet of where a case can be brought and in a lot of cases, where a case must be brought. Filing it in the county of the defendant's residence, or in the case of a business, where their office is located, generally defeats a claim the court doesn't have jurisdiction.

this is from Michigans website concerning small claims:

Your case must be filed in the city or county where the transaction or dispute took place, or where the person or business you are suing is located. If you are suing more than one person or business, the suit may be filed in the district court where any of the persons live, or where any of the businesses operate.
and from Ohio's:

To determine which court has jurisdiction, you use one of two criteria:
1. A small claims court has jurisdiction if the transaction or incident
on which your claim is based took place in that court’s territory.
2. Regardless of where the transaction or incident took place, a small
claims court also has jurisdiction if the defendant (the person or
organization being sued)—or any one defendant, if there is more
than one—lives or has his or her or its principal place of business in
the court’s territory.
This means that more than one court may have jurisdiction in your case. If
so, you can choose which of those courts to file in.
 
Thanks for explaining.

I was conducting demos for a company called Healthy Foods in local markets. Healthy Foods contracted with markets in Ohio, PA, and MI to sample products. Turns out a lot of us reps were used for labor and not paid.
 
I'll bet you he is banking nobody bothering to cross state lines to file suit. I think it's ridiculous to have to, but several hundred dollars means a lot to me.
 

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