Verbal Agreement / Independent Contractor

[kj525]

Jurisdiction

Texas

I would like input on how to proceed with this issue, I will present the facts;

I interviewed for a management job at a car dealership. The owner offered me a one week trial for $2,000.00 and at the end of the week we would evaluate the relationship. Verbal agreement. I agreed to the one week trial period. After working 4 days one of the other managers basically told me that I did not need to come back. When I received the check the amount had been prorated for 4 days. Please note, I worked over 12 hours each day and as much as 15 hours. I expressed that I would not accept the check as it was short. I was told by the owner that he would pay me the difference. I never received the difference and sent him some text messages asking about the money. Initially, he said that he would he would check with the person who cuts the checks. Next text from him was "I haven't forgotten you", then nothing. I ask again and get no response and then I sent an additional text saying that I really needed the money as it was causing me to not be able to pay rent. I indicated that I did not want to escalate anything. He then sends me a final text saying "I told you I'd pay you for the whole week though I didn't work it" and to stop nothering him. To this date, I have not received the difference. I cannot begin to explain the issues this small amount of money owed has caused me.

My questions are;

1) Is it better to go to small claims court or civil court?
2) Can I ask for compensatory and/or punitive damages & how much would be fair?

 

[Betty3]

If you were employed as an independent contractor, your best bet is probably to go to small claims court for any money you believe is owed you. You can ask for anything you want, the judge will decide if you are entitled to it.

 

[Betty3]

Duplicate post.

 

[kj525]

Do you feel that is is fair that I ask for damages? I had been unemployed for some time and have exhausted unemployment. That failure to pay has caused me to get an eviction notice, unable to pay bills due and the stress of all of that is overwhelming. I know that I can get a waiver for the court fees to file. Should I find an attorney? Would that help? Besides the money I am owed, I want to make a point with this person that you cannot treat people like that and not suffer consequences. Additionally, does this sound like a winning issue or should I cut my losses?

Another thing Betty, I believe that I can ask for a jury in small claims. Is that true?

 

[army judge]

Do you feel that is is fair that I ask for damages? I had been unemployed for some time and have exhausted unemployment. That failure to pay has caused me to get an eviction notice, unable to pay bills due and the stress of all of that is overwhelming. I know that I can get a waiver for the court fees to file. Should I find an attorney? Would that help? Besides the money I am owed, I want to make a point with this person that you cannot treat people like that and not suffer consequences. Additionally, does this sound like a winning issue or should I cut my losses?

You were never an employee.
You were a contractor.
You can sue in small claims, but only for what you believe wasn't paid.
You received 80% of the amount promised, as you said it was prorated.

I don't see how the employer owes you for anything more than what you earned.

Beyond that, you were only offered a "trial period", to which you agreed.

Another thing Betty, I believe that I can ask for a jury in small claims. Is that true?

Yes, in Texas, you can ask for a jury in small claims case before a Justice of the Peace Court, municipal court.

If you do proceed with a jury request, there will be extra fees charged.
How much?
It depends on the county where you plan to prosecute the case.

If I were you, I'd forget suing.
You lack a case for which the court can grant a remedy.
Small claims awards are only for what your actual damages are.
In your case, you have sustained losses, but not because you were terminated.

You were fired.
The firing didn't cause you any damages, other than what you were promised to be paid.
You didn't make the cut for a longer contract, so yoru employer terminated you after four days.
The employer paid you on the spot.
That shows he or she was operating within the spirit of the law.
The employer could have forced you to sue him for what you work you did.
He or she could have argued you were paid nothing, because your work was worthless.

However, that never occurred.
I am sure you are hurt.
Your pride is damaged.

Your efforts would be best spent by getting another employment situation.

I wish you well with whatever decision you choose to pursue.

You are the BOSS of YOU!!!