Compensation Promise for work performed, not fufilled, qualify for small claims?

[tanokai]

I recently finished a job for a friend's neighbor and he took advantage of my trust in him to fulfill his promise to compensate me for my work performed. The defendant, closed escrow and was given 3-4 days to have his recently "sold" home vacated for the new owners to move in. I was asked , "last minute" to coordinate and assist with the move out for an unspecified $$ amount. I tried several times to discuss the contract rate before working and throughout the time I performed the work, only to receive the response of "you'll be WELL compensated for the work you perform". I decided to postpone the contract discussion so i could focus my time on the work to do. As part of my responsibility, laborers were hired off the street, to help complete the job at the rate of $10 / hour. My responsibility was to supervise them, assist and coordinate. the move. None of them worked over 8 hours to prevent confusion of payment per hour. I , on the other hand , worked on average of 12 - 16 hrs. per day for Seven consecutive days of DEDICATED HARD LABOR. I was paid a total of $870.00 for 87 hours of work. I WAS INSULTED. Does his statements qualify as a pre-determined rate for the contract since we can compare it to the hourly wage given to the laborers? His statement I feel determines that I deserve more than the laborers rate, because of my supervisor status title. I'm hoping to at least to have a small claims suit to recover my wages. Please advise.

 

[Duranie]

Unless you had an agreed upon rate, it is going to be hard to sue and win. You have to prove he agreed to pay a certain amount.

I would talk to him in person and ask when you can meet up with him. I assume this man paid the laboroers seperately correct?

Perhaps he did not know how many hours you actually worked?

 

[tanokai]

Thanks for responding. I've talked to the guy and he does not disagree with the hours worked, although he says that I only woked 60% of the time I was there. Which is a bunch of bull. I do have an itemized schedule of what I did and the hours accounted for. But he has decided that anytime I was not physically performing, it is not paid hours. I worked 12 - 14 hour days to see the job complete. I've compromised and asked for him to pay me the overtime rate after any hours past 40 hours, and i'll just accept the $10 hr. rate as the laborers did. But to no avail he refuses to give any more money.
I felt that the rate per hour paid to laborers should be a basis of what I should receive. To pay someone equal to hired help off the street is very insulting to a supervisor and someone you can trust. So I hope that a judge would at least award a higher hourly rate and overtime due as well as give him the definition of what hired labor is.

 

[seniorjudge]

Sue him in small claims and let us know how it turns out.

 

[tanokai]

Response to senior judge

Do I have enough evidence for a small claims casae? If so, I'll file ASAP, before he heads down to Mexico, where he is planning on relocating. I might have one small problem. He is in a mobile home (RV).