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Unpaid Manual Labor

Discussion in 'Small Claims & Municipal Court' started by Whatsgoodmiley, May 19, 2020.

  1. Whatsgoodmiley

    Whatsgoodmiley Law Topic Starter New Member

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    Jurisdiction:
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    On April 30, my realtor, who also works for a landscaping company, posted a job on social media that offered 3 workers $125 for manual labor.

    On May 4, myself, my brother, and a friend each performed the labor and completed the job. My realtor then told us the checks would come in the mail.

    On May 14, I texted MR and he replied that he would check with the GM (of the landscaping company he works for, I assume). He said the checks were mailed May 12.

    Yesterday, May 18, MR texted me and asked if we had received the checks. I informed MR that none of us received the checks and he said “Any of the guys? They were sent out on the 12th unless our GM is lying to me.”

    Today, May 19, I reminded MR that it has been two weeks since the job was completed and am awaiting a reply.

    I’ve screenshot the Facebook post, there are photos from the worksite, and photos of the finished job have been posted by the landscaping company. Between this and the text correspondence, I’m confident it’s a win for the good guys.

    if I am required to file for a small claims lawsuit, I trust I would need to file against my realtor since he is the one who offered the job. Am I correct or is there a way that he could prove that he posted the job offer as an agent under his employer (since the payment is supposedly being sent from his employer)? Would this mean the case is null and force me to file once again, but against his employer?
     
  2. zddoodah

    zddoodah Well-Known Member

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    That would certainly be the smart thing to do.

    In the hypothetical world of all that is abstract, this cannot intelligently be ruled out.

    If you sue the realtor and lose on the basis that he was acting as an agent for someone else, then you'd need to sue that someone else. The problem is that you might get a different judge who might reach a result that is inconsistent with what the first judge ruled (that could even happen with the same judge, but it would be less likely). Thus, if you're not sure, it might be smart to sue both in the same suit.
     
    Whatsgoodmiley and justblue like this.

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