should i sue? (preferably canadians)?

Question

so, i was on a cash payment basis with an employer for a part time job. he was fine in paying initially, but, he hasn't made his last payment. he sent an email over a month ago stating that he would deposit the money in my account by later that day or the next day. he hasn't. (this is my only "proof" of owed wages). problem is, the amount is under a 1000 and it will be pretty expensive to take him to court ( only thing i know is his name).

is there another magical way to get my money? or should i just forget about this? if i sue him, what are the chances i will win a settlement? and, will this have an effect on his credit rating/record? i would love to just sue based on principles. but, if the settlement has no effect on his permanent record (trouble getting loans, etc etc ), then there's no point.

help a brotha out.

Answer 1

Not Canadian, but likely most of the laws ring true there as well as the USA. First, a judgement does show on your credit history, so if you won, it would show he was sued and lost. Second, I suspect you have a small claims court up there. File there. The email is evidence but I do see a small problem, you were working off the books and you have unclean hands, a legal doctrine, so that when you go to a Court of Equity, that might hurt your chances. (I am guessing you are not paying taxes on what you were paid, eh?)
I worked for what I decided was a shady law firm when I first passed the Bar. I actually warned some clients to seek better services. I was owed $2,000 when I left, but I had gotten a job as a Dep. District Attorney. I felt the money was not worth my time. The owner of the firm was later disbarred.
You could always just report the guy to the tax authorities that he does not pay payroll taxes and does things off book. That might change his life. Good luck

Answer 2

Canada? Couldn't say. In the U.S. you could sue in regular court but the cost would be more than what you're trying to recover and you still might not get it. Your best chance would be small claims court which has a very small filing fee. The email would help your case, especially in light of past payments. You will need to have him served with a summons to appear in court, so you'll need to know where to mail it or deliver it. Any potential (& unlikely) damage to his credit would be negligible. You could notify him that you intend to pursue him through small claims, mentioning that there is a payment history as well as the email admitting that he owes you. But he may shrug that off, as well, waiting to see if you'll follow through.

In the case of wages, U.S. (and I suspect also Canada) has local government agencies which oversee and enforce compliance with wage laws. A notice from that agency may spur payment from him.

Answer 3

have you rang to remind him if not do so than if he does not pay ring him again and say you are ringing the wage line if it is not in your bank in 2 days i think you would win because you are in the right if you have that email and can show your bank statement has not had it go in im sure you would but let him no cause he will start to fret good luckl

Answer 4

i anticipate you signed a settlement with him, once you employed him. it might say in there no remember if or now not you owe him, there is the "good faith" clause, the place if he did each and every thing in his potential to earn his funds, then he would desire to be paid. definite he can summon you to courtroom in Canada, in spite of the indisputable fact that that's going to fee him extra then you incredibly Owe to sue, he's maximum probable attempting to scare you into paying him. ask him to settle for much less, or wait til you get summoned, (additionally in case you own the apartment, the summons would desire to bypass there, so be watching that mail).