Does anyone know anything about not getting paid wages in AZ? Thank you... ! :?

Question

State: Arizona

I sued this guy that is trying to say that I am an "Agent" of his and not an employee. Per

http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=23

ARS 23-355, I should be entitled to my pay AND treble damages. But if I actually am an Agent and not an employee, am I still entitled? (I believe that I am because I used to know a guy that did the same exact thing/situation and I think he was successful). If not, can I just amend the complaint to ask for punitive damages?

Thank you.

Answer 1

If you are an "Agent" as this person would suggest...you probably had to sign some form of contract of services. Usually an "Agent" would mean that you in some form or another represent this person somehow legally, and therefore you would be paid as little more than a sub-contracted self-employed position. If you did indeed perform services which were agreed in writing to be compensated in some monetary manner, you can take this person to court, so long as you can provide proof that the services were completed (to a satisfactory condition), and that you were contracted at a stipulated monetary compensation to perform the services. If you can not provide proof of any such contract, and/or that any such services were completed, you are going to have a real hard time getting the courts to take your side. If you are an employee (i.e. you were hired under an employment agreement by this person), employment laws would then be taken in to consideration over any Agency agreement.

Answer 2

I'm not familiar with Arizona employment law, so I can't speak to the merits of your case.

However, as a general rule, tacking on punitive damages as an afterthought is almost never going to be successful, as most court require pretty egregious conduct before they'll award that sort of relief.