Sue for breach of contract as I.C. or unpaid wages as employee?

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My jurisdiction is: Alaska

I want to file a case in small claims for unpaid wages for work I performed as a deckhand, and washing boats for a small charter fishing company. Washing the boats was a process that was not paid by the hour, rather per job completed. This is the element of independent contractor. The contract was a verbal one with my relative who brought me there to work for this LLC he is an owner of, along with two others.
What fits more as an employee description is work I did do at an hourly rate such as office work, helping the various captains clean things, etc.
So I'm unsure which route is most desirable; suing as an I.C. with a breach of contract, or suing as an employee owed wages?
I'm also curious whether I should attempt to sue the company, which has let its license expire, but is apparently not dissolved -- or my relative who I worked most closely with and was essentially my boss. I should state however, the other two owners of the LLC were aware of my work and I did a significant amount of work that benefited the company as a whole, not just my relative.

Whether I should sue as an IC or employee and whether I should direct that at any particular party, I'm unsure how exactly to file this in the complaint. Do I need to mention that I'm suing as one or the other, and mention that I'm suing the LLC as an employer, as well as my relative, as an employer (as I've been suggested I sue both as employers)? How do I write this out?

Also, does my statue of limitations run out 3 years after the first date of work or the last date of work?
 
The contract was a verbal one with my relative
I foresee this being a hardsell in court. If your relative is now reneging, then what proof do you have that an arrangement was ever agreed upon? Sure you did the work, yet relatives are "suppose" to do things for au gratis. Your labor could be viewed as a gift. You know differently, your relative knows differently, yet it would depend on how the judge views it. It is your verbal against your relative's verbal.

Do I need to mention that I'm suing as one or the other, and mention that I'm suing the LLC as an employer
Apparently you were never hired. Did you ever complete an I9 (employee eligibility verification) or a W4 (employee's withholding allowance)? Were you ever given job description, given an employee acceptance letter?

Sorry, but it sounds like you got took...
 
I actually filed with the wage and hour office and they took the case, but after being denied payment, they said they wouldn't go any further in a family case. It was an unclear and disappointing experience.

I foresee this being a hardsell in court.

I have no documents, however I do have witnesses that will attest to this relative stating he would pay me for work I had/was currently doing at the time. He even threw out some monetary figures to them loosely, so that and the fact that I flew out to Alaska specifically for this work are my only verbal contracts.

The other owners of the LLC are trying to distance themselves as a company from the work I did, saying it was a family dispute--so they did acknowledge I did some work, citing the boat washings.

If I have impartial witnesses reporting the relative stated I was working for him and would be paid, his own co-owners stating I did work for him, would that be a good shot at victory? And still I wonder how to file: against the LLC, my relative, or both? And as I.C. or employee? How would I write those in the complaint letter?
 
I would send an invoice to your relative. Stipulate at the bottom of your invoice your verbal agreement, something to the effect..."Work requested by John Doe on Feb. 16, 2009". If your relative does not pay, then you may wish to sue for services rendered yet unpaid. You then need to decide if the money is worth the effort to sue.

I can not advise you on who you should sue, either your relative or the LLC. Though I feel it could be tricky. The type of work you performed should have been as an employee, yet they never actually hired you.

If you are looking at several thousand for unpaid services, then it probably would be worth it to consult with a local attorney. If you are talking about several hundred, then it most likely would not be worth your time and effort.
 
Thanks.

My last question is about filing with another plaintiff. I traveled there with my brother and we did almost exactly the same work and were under the exact same circumstances. We do have slightly different figures owed to us, though. What is the rule of thumb for filing together or separately in a matter like this?
 
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