I assume that this isn't legal, right? I was supposed to do a couple of jobs for them (after doing about six of them already), but got a full-time job offer with another company and took it.
First, I had no actual contract. They paid me to show up and do a job each time. I gave 24 hours notice since my new job needed me immediately, but under my state's laws I'm not required to give any notice at all.
Now they want to sue, saying that they lost money and that I breached my contract (what contract, I asked?). I'm not the only one that was hired for these events either -- they are always supposed to have backups and other workers at the events in case of mishaps or to assist.
Anyway, I know they can't rightfully sue, but I don't want to get stuck in court either.
The other part of this is that they don't want to pay me for the last two jobs that I did for them, and said that if I pursued it any further they would definitely sue.
Any help is appreciated.
2007-07-10 11:34:54 · 5 answers · asked by dorifto 2 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
I assume that this isn't legal, right? I was supposed to do a couple of jobs for them (after doing six of them already), but got a full-time job offer with another company and took it.
I had no actual contract. They paid me to show up and do a job each time. I gave 24 hours notice since my new job needed me immediately, but under CA's laws I'm not required to give any notice at all.
Now they want to sue, saying that they lost money and that I breached my contract (what contract, I asked?). I'm not the only one that was hired for these events either -- they are always supposed to have backups and other workers at the events in case of mishaps or to assist.
I know they can't rightfully sue, but I don't want to get stuck in court either.
The other part of this is that they don't want to pay me for the last two jobs that I did for them, and said that if I pursued it any further they would sue.
Edited to add details: I'm in CA, the company is in KS, and the work done was in CA.
2007-07-10 12:28:34 · update #1
Sorry about the long edit -- It won't let me delete stuff! And thanks for the answers so far!
2007-07-10 12:29:32 · update #2
They are attempting to scare you into not pursuing action to be paid for the work you already performed. While it IS possible that you actually had a legal contract to work for them, such contract would be verbal and is next to impossible to enforce in a court of law. It would be your word against theirs. Absent any written agreement, the courts would tend to side with you.
Unless they are really stupid, they know they don't stand a chance if they sue you. It's your call whether or not to sue THEM to gain payment for your last two jobs of work. Do bear in mind that the same lack of written contract can haunt YOU if you elect to sue to be paid.
2007-07-11 01:31:35 · answer #1 · answered by acermill 7 · 0⤊ 0⤋
Bro -- I swear the same happened to me a couple of years back. I worked as an independent for almost 5 years and a client pulled the same thing on me. As you stated there are no laws we have to give notice just like they don't have to give notice to us if there was no work to do. Legally they HAVE to pay you for the work you did and the only one who is going to lose is them. I did wind up in small claims court, but I got the maximum allowed of 5K. Why? Because they made an illegal threat, refused to pay me for work done, took away time from me being at work, and they also had to pay for my court costs. They should have just paid me the few hundred dollars they owed me. That company is full of it. Tell them if you don't get paid you will see THEM in court and sue for the maximum allowed in your state. Make it clear they are breaking the law and you were under no obligation to give notice since you are independent and they could have let you go just as easily with no notice. If anyone is going to lose it's going to be them. Also throw at them you are going to report them to your states Department of Labor.
2007-07-10 11:45:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Not knowing which state you are in results in"a quasi" type answer. Contact your state's wage and hour dept., a part of the states attorney general's office. Also, contact the U.S. Dept of labor. Web sites of both availale, just enter some thing like this texas state department of wage and hour, or texas attorney general's office. For the federal boys, enter usdeptoflabor.gov. You might have to seperate the words to get in. I was a contractor for many years, and this scatology is wrong on their part !!! GOOD LUCK
Uncle Wil
2007-07-10 12:12:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Does the settlement state while he grow to be meant to start the activity, i might wait out the the rest days and notice if he completes the venture. If he fails to realize this then sure.. he has breached the settlement. he would be entitled to pay for the centers he did grant, except it states interior the settlement that no money would be made to him except it particularly is performed by the last date. i might touch an legal professional for civil suits and discover out extra suggestion. It expenses no longer something for a consultation with maximum legal professional's and not something beats a failure yet a try. stable success!
2016-12-10 08:12:16 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Check all the papers that you did sign with them. You shouldn't have any problems in court unless they can back up the breachment with the documents signed by you.
2007-07-10 12:13:09 · answer #5 · answered by magicbright2007 1 · 0⤊ 1⤋