Not getting paid by employer.

[jhbsebll]

I was hired as a independent contractor on a courier service for the Red Cross. At first I was just relieving a person a couple days a week and getting paid through them. On the last two weeks of the contract the service had I ran completely for the guy cause he had school. I got paid for the first week of this by the guy above us through the guy I was running for previously. He made the check out to him and cashed it then I got the money from him. Now I contacted him told him that it needed to be mailed and changed to me for the last week. I did not receive payment last week and contacted him on Friday. He said that he sent the check but since it had not arrived he would put a stop on the check and send another one. I do not believe this and I am wondering if it does not come in in the next couple of days, what would be the best legal course of action for me to take. I can prove that I worked the week but wondering what I need to do exactly for proof that he has not paid in case I need to sue.

 

[presutin]

Send him a certified letter informing him that you want to see your payment by a certain date and that if the payment does not arrive at that date, you will have to file in small claims court. You need to keep track of all your communications with the guy and save all the emails and phone records so you can show the judge (when you take him to small claims court) that you tried to collect but the guy just didn't take it seriously. Good luck to you!

 

[jhbsebll]

What exactly does the letter need to have in it. I was thinking that it needed to say a fixed date by when I want the payment and that if received by then I will pursue legal action.

 

[presutin]

Put down on the letter a description of the service you have performed, times and dates performed and compensation negotiated. Give him an update regarding not having received the amount owed and, if no response by a certain date, you will begin legal proceedings. Best of luck to you!