Employment Law Questions? Ask an Employment Lawyer.
Hi and welcome to JA. Ray here to help you tonight.
Here she has to prove up that there was an oral contract if she sues in small claims court.She has to prove up the time she put in and wasn't paid.
I will state that if she can prove she worked here the court may pay her.I understand you assumed a greater role here than anticipated.You can argue she did not fulfill her requirements work wise.
I understand you were not paid.You may consider some resolution here to avoid small claims.Offering say 1/3 and half the expenses seems a good starting point.Don't expect the fact that you weren't paid to completely save you here.If she can show some genuine work in a suit the court will award her something.
Some of this is your judgment about whether to pay or take your chances with small claims.In small claims here if you start arguing about the quality of her work then you are sort of agreeing there was a contract and she didn't fulfill all the terms so it can be a real catch 22.I would consider trying to resolve this on the cheap if you can and getting a signed release for your files.I think a judge would award her something for her efforts here especially the expense portion if she has records.
I appreciate the chance to help you tonight.Thanks again.
You definitely want the letter here from the client it supports that she didn't do the work here.The problem here is a lack of any written agreement.IT comes down to a he said/she said deal.You can wait to see if she files suit.
It just isn't clear what the roles here were, obviously you have a signed agreement with the client, in that sense you are liable for the work.She would be a subcontractor here, there is a relationship between you and her thats separate from the one you have with the client and a contract.
If she can show she did some work the court may award her some money, what that is would depend on whether she can fill in these gaps to show the terms.I mean she will state that you agreed to pay her for her work and reimburse mileage.You can argue otherwise that it was dependent on you getting paid.But as you can see there are two very different versions of this, It amounts to whether there was an oral contract and what the terms then were here.
Thanks for the follow up.
You can use this if you are able to resolve
You can modify it to your facts..