California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and welcome.
My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
What evidence do you have of the amount owed by this individual--e-mails, invoices, other evidence?
I look forward to assisting you as soon as I have received this information. Thank you.
I have emails requesting for payment, and left voice messages. In 8 years never gave him an invoice because originally I was going to become and employee
I see. Thank you for clarifying this for me.If you were an employee (the company dictated when, how, and where you worked), you could file a complaint with the state labor board which has the authority to investigate and aid in collecting the wages owed as well as penalties against the employer.However, if you are properly classified as an independent contractor, then this would normally involve a breach of contract claim for which you would file suit in small claims court since those courts permit parties with claims for up to $10,000 to pursue legal action on their own without an attorney.Here is a link which provides information on filing suit in small claims court:http://www.courts.ca.gov/selfhelp-smallclaims.htmI would typically first send a written demand letter to the company by certified mail indicating that if payment is not made within "X" number of days, legal action will commence. Such a letter is successful in prompting payment in some situations where the party wishes to avoid a lawsuit.
I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).