Independent Contracter

[GM64]

What is the name of your state?OH
I got fired from my job over 2 months ago.I was an independent contracter
working for a moving company.
What I'd like to find out is I have waited 60 days of grace period to get paid.
I understand that I have to pay for whatever the dameges Customer craim but, now the owner of the company is refusing to pay me at all saying the damege claim is higher than the amount I made but he is refusing to show me the proof of what was actually claimed.Do I have a case? or should I just let it go?

 

[Beth3]

Since you were an IC, you were a "vendor" to the organization, not an employee. If the business owner refuses to pay you, your recourse is to do whatever any other vendor would do - file a civil suit. If the amount of money you are owed isn't large (i.e. $5,000 or less) you can pursue this in small claims court - although you should check with your local clerk of courts to verify the dollar limit.

Whether you want to pursue this or just let it go is up to you. The owner refusing to show you any documentation on the damage claim sure makes me wonder if his refusal to pay you is legitimate.

 

[SuzieWahoozie]

Answer

I agree with what Beth said, especially that the refusal to provide you documentation looks fishy!

If it is a small claims issue in your state, it probably won't cost much to file the paperwork (in my state it is only $35) and you represent yourself - lawyers are usually not allowed in small claims cases. Just getting the paperwork may stir up the employer (ER) enough to either pay you or provide proof that nothing is due. If he isn't stirred up enough to do either of those things, and the case proceeds into court, he is going to have to prove there that he doesn't owe you anything...and the judge won't like it when you say, "Ok, Your Honor, I understand now that I've seen this paperwork why he doesn't owe me anything. Gee, we wouldn't have had to waste your time with this if he had only shown me that paperwork when I requested it XXX months ago!" Judges don't like to have their time wasted on issues that could have been easily resolved out of court!

If it more $$$ than small claims can handle, you can probably get a consultation with an attorney for free. He/she may be willing to write a demand letter for you for very little money ($100-$300) and that letter may shake him enough to cough up either the money or the proof that he doesn't owe you anything. Of course, in this case, if he isn't scared into providing the information, you will have to go through the expense of a lawyer, trial, etc. Only you can decide whether or not this is worth it to you.

 

[GM64]

Thanks!

Thanks to both of you for the advice.
I think I will try to take it to small claims court in my town next time I get home(I'm a truck driver)and see how it goes.