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CalAttorney2
CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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STARTED WITH A TRUCKING COMPANY ABOUT TWO WEEKS AGO THEY

Customer Question

STARTED WITH A TRUCKING COMPANY ABOUT TWO WEEKS AGO THEY DIDNT LET ME KNOW HOW MUCH I WAS GETTING PAIDED THEY TOLD ME AFTER I HAD DONE SEVERAL MOVES THAT ONE PAIDED 563.00 I WORKED FOR THEM FOR 8 DAYS AND RECIVED A CHECK. FOR 250.00 DOLLARS. WITH A BREAK DOWN THEY HAV PAPER LOGS. AS WELL I AM A TRUCK DRIVER NO ONE WORKS FOR FREE CAN YOU HELP ME.
Submitted: 5 months ago.
Category: Employment Law
Expert:  CalAttorney2 replied 5 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn about this situation.

It appears that you are working as an independent contractor for this trucking company.

What you can try doing is suing the company for "breach of contract" utilizing a form of what we term "equitable" claims, specifically called "Unjust Enrichment"

An Unjust Enrichment claim, basically states that the party received the benefit of our work/products/etc. where there was an anticipated compensation, and the party refused to pay. There was no contract to support the recovery, but it was implied.

Courts use this to prevent "grave injustice"

Keep in mind, there is no guarantee of recovery (rely on written contracts in the future of your trucking business), but it does give you a mechanism to use.

You can sue in small claims court for this recovery - this is quick and easy and you do not require an attorney.

(If you are an employee, as opposed to an independent contractor, you can make a claim to your state's labor commission for a "wage and hours" complaint, you can do this online).

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