I did some work for a company, and they won't pay me... is there any legal recourse I can take?

Question

Hi there. I own a small computer store in Illinois, and I did some work for a company.

I worked my butt off, pulling all-nighters, driving tired. That's beside the point though.

I'm wondering if there is any legal action I can take, and if so, how much, who should I talk to, etc, etc.

I have about 100 hours into this job, and probably somewhere around $400 in gas- and $200 in parts... it really burns me that they've done this- they just will not pay.

To add to the problem, my attorney is their attorney. Go figure.

Anyway, any advice is much obliged!

Thanks!

Answer 1

You would not have any recourse with the Labor Board unless you were an hourly employee hired by the company, which it does not sound like you are...it sounds like you are an independent contractor.

It sounds like this case may fall in the limits for Small Claims Court - which run between $3,000 to $6,000. You would need to check into the laws of your particular State. The filing fee is usually under $100 with the Clerk the Small Claims Court and you do not need a lawyer. In some States, they do allow a lawyer to represent either party in the case, but an attorney is not required. As your attorney has done work for both of you, he would need to recuse himself from this matter and you should both have to seek outside counsel (if you choose to do so) due to the conflict of interest.

First of all, was there any written agreement as to how much you would be paid and what services were performed? If so, you have excellent grounds on which to pursue a claim in Small Claims Court for breach of contract. If not, it will be much harder for you (and the Court) to prove exactly how much is due as there will be no indication of what was agreed it advance by either party.

In that case, you can request what you have indicated above (and be sure you have receipts for the parts used) but likely will receive just reimbursement for the parts and the whatever the judge feel is the fair market value of the services you performed. If you didn't have a contract, you might want to start researching now what the fair market value of the services you performed were worth. Also, don't forget to request to get the reimbursement for the Small Claims Court filing fee in case the Judge grants the case in your favor.

A word of caution, however; if the company cited, like the problem was not solved by the work you performed, etc., that could be a defense for not paying or the company might even file a countersuit if they say they had to have someone come in to fix after you were not able to (but they would need to provide proof via invoices from another company).

Answer 2

Sure, you can sue them in civil court.

If the total is fairly small (a few thousand dollars), then you can got to small claims court (aka municipal court). Small claims do not allow attorneys.

If you do have to go to any other court, the attorney you mention could not represent either of you. It's a conflict of interest. So both sides would need to find a new attorney.

Answer 3

yes u can take recourse..sue their azz in small claims court..it will cost FEW bux ..but u can get it back when u prove that u worked and wre refused pay..

Answer 4

talk to the dept; of labor they will help you