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Went to work with a "friend" of mine doing residential remodels. Countertops, cabinets etc. He approaches me about working for him and we agreed on $625/week salary. He did not want to pay hourly for various reasons and I was ok starting at that amount so I started working with him the next day.
This was a new business so I anticipated issues with consistent weekly payment. Week 1 and 2 I was paid in full on Friday each time. Week 3 I was paid $200 the Tuesday after the 3rd Friday and another $200 2! Days later on Thursday. Week 4 and 5 no pay but still worked 40 hours each week.
He told me the "contractor" he was getting the work from wasn't paying him which seems to be true so week 6 we had no work nor on week7. He has still not paid anything towards what he owes me and.keeps.aayimh don't worry you'll get your money.
I have been extremely patient with him but this last week I told him that I needed it written payment schedule showing how he was going to pay me back approximate $1,800 within 30 days.
He has picked up work and has started working again however we've had a falling out and so I'm no longer employed with him. This was last Saturday that I told him I needed something specific and I told him I needed to have that by this Saturday so as of yet no payments still
I stuck it out for this guy with no pay for over 2 weeks trying to soldier through and get the business back up on its feet and he has absolutely no sense of urgency about paying me
It's left me in a desperate situation and has been very difficult to get by since I stopped receiving payment for work
Do I sue him for wage theft , along with liquidated damages attorney fees and court costs?
Since we agreed on a salary am I entitled to pay. For week 6 and week 7 when we had no billable work? We did work at the shop cleaning up doing yard maintenance etc.
And is being paid salary imply that one is paid your full salary regardless if 5 or 45 hours are worked during the week? I know salary implies that you don't make any more than your salary for work over 40 hours in a week but is it prorated on the flip side?
I have every conversation that we had via text which includes the amount of the salary the agreement to work together also detailing is difficulties in paying me and proof of payment as I was paid via cash app.
Any advice any advice on the way to handle it or advice for going through the process? I looked up several employment law practices near me they all have free consultations but I know if they decide my case's actionable you're going to want some money before taking it to court and I have none. Do any employment law lawyers take cases on contingency of winning the case?
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- 5 months ago
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