Employment Law Questions? Ask an Employment Lawyer.
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if your husband was a subcontractor, and not an employee, then unfortunately he would not be up to go through the state Department of labor to be able to recover this money. That being said, he could still sue the company in small claims court, which would probably be the easiest way to get paid on this. you can sue in small claims court for any amount up to $7500.
I would first, however, send a demand letter. Send a demand letter demanding payment within 30 days, otherwise you will pursue legal action against him, seeking that amount plus any additional damages as allowed by law. Send this letter certified, return receipt requested, as well as a copy sent regular mail. Keep a copy for yourself, as well as the return receipt number so that you can show the court that you made a demand for the unpaid wages.
ifthey do not pay, that's what you would want to follow it up with an actual filing in small claims court. Do a search on the web for your county and "small claims court." You should find either a website or phone number to the small claims clerk. Ask them what you need to do to bring such a lawsuit. The small claims clerk will give you guidance on how to file this suit and how to get the other party served with notice. You will receive a hearing date, at which you should present your evidence and ask for a judgment for the amount that you paid.
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