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Question

I worked for a Ca. licensed contractor my first job with him. to help demo a house using my trash trailor. On the way to the dump the lug nuts on a wheel broke due to the weight the contractpr (my boss) stated when I fix the trailor he would come pick it up take it to the dump and pay the expenses. We had a tow company pick-up the trailor delivering it to my home 6 months later upon fixing the trailor I gave him notice telling his wife and received no response I waited another month then went to his home & personally told him it was ready and he stated" you are stuck with it it's your trash if you would not have used a piece of shit trailor you would not have this problem. He did not pay us for that day, no taxes were paid , no workers compensation etc. What is he liable for?

Submitted: 316 days and 7 hours ago.
Category: Employment Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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Optional Information

landers, California

Already Tried:
asking him to honor his agreement (verble)

Answer

If you did the work, you're entitled to payment. It appears that you may have actually been an employee, rather than a subcontractor. So, you may want to contact the State Division of Labor Standards Enforcemt and let them handle the entire thing. See http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm.

 

You could also sue the contractor in small claims as if you were a subcontractor. But, you'll have to prove a contract between yourself and the contractor, and then you'll have to collect. Whereas if you file the wage claim, the State will do everything, and they will fine the s*** out of the contractor, for messing with you.

 

If your trailer was damaged while using it for the benefit of your employer, you could probably sue in small claims for that, too. But, it may be more trouble than it's worth. I'd start with the DSLE and see what happens.

 

 

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Expert: socrateaser
Pos. Feedback: 99.6 %
Accepts: 
Answered: 1/12/2009

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