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?
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?