Non-Payment of Benefit

[jvlee]

I worked for a medium sized concrete company for six months, as an Estimator. When hired, the owner said he would pay me "X" amount a week, pay for my fuel, and a monthly truck allotment, as I was using my own vehicle. I received a Co. gas card, and the agreed upon salary. For six months, I asked about the promised truck allotment, but was always stalled off with.. "Oh yeah, I need to buy another truck". At the end of the sixth month I was layed-off. Not a surprise, as business had slowed down considerably. At the time of the lay-off, I reminded him that I had not received ANY vehicle allotment monies for using my own vehicle. He said he would speak to his business partner and the Accounts Payable clerk. I called a week later, no check. I then called him personally. He asked what I thought was fair for the use of my truck. I told him $250 per month. He agreed, and said he would have A/P get me a check. Two weeks later (today in fact) I saw him in person, as he had not returned any of my calls. He told me he had discussed the matter with his Partner, and they had decided not to pay me any allotment money because, they had paid my fuel, and I had not used my truck ..."That much anyway". I told him I had put on 7 thousand miles on the truck for company use, not including milage to and from work, and that I had the maintenance work receipts to prove it. He merely shook his head and repeated what he had just said. I left. No loud words, threats, or any unpleasantness. The total allotment would be $1500.00. I suspect that a Demand Letter and/or Small Claims action are my only options. I will be working for a new firm a couple of hundred miles away, and I will probably not be able get back for an appearance anyway. Your thoughts will be greatly appreciated. Thank You