burnedtwice
New Member
My jurisdiction is: Michigan, US
Good day!
I am considering filing suit next week against someone who contracted my services. I started working for this person in 2007 on a contract basis doing consulting work.
At the time, I trusted this person (yes, naive me) so while we did have a written agreement, there were no fees discussed at the time. However, this person was my supervisor at my "real" job and knew what my hourly wage was, at the time it was $26 per hour.
I have it in writing that I was to have received a premium on my wage because not only was I already working a more than full time job and attending college full time in addition to working for this person, but also because I had agreed to work and not get paid until the business launched, rather than being paid every two weeks like the other contractors.
Long story short, the business launched and I was still never paid. I finally had to stop doing work for this person because I was never paid. I have 10-15 emails (although I would probably only need one) stating that this person knows that he owes the money and just hasn't paid yet.
It finally came to a head two weeks ago when this person wanted to contract for more work. He gave me a contract for $20 per hour for less work than I was doing before. I stated that before I would do any more work, I needed to be paid for what I was owed. I gave him a discount of almost 50% off my normal rate only to have him come back and say that not only did he only believe my work was worth just over minimum wage, but that he still wasn't going to pay me even though he owes me. I told him that I would accept his offer of 8$ per hour and I would like to be paid.
He still has not paid after 10 days, therefore I consider that he turned down my offer of a lower wage. Much as a creditor can offer to settle a debt for a lower amount but if you don't make the payment then the offer is no longer valid.
I would like to sue for my entire $20 wage, what are my chances of getting it? I know that at the very worst I can get the $8, but I would like the full amount.
I can prove that he knew my wage was $25/hour, I've done consulting for other companies for more than than, and that he offered me a contract for $20/hour less than a month ago for similar work. In addition to his statements regarding the fact that he doesn't intend to pay me, I have his statements saying that he knows that he owes me the debt. I have demanded payment at a more than reasonable rate, only to be lowballed and then have payment refused again. I can definitely argue that I would have NEVER agreed to work for him 30% of my normal rate. Also, with the information he had, no reasonable person would have expected me to work at that rate, not to mention the premiums I was to have received.
Is there anything I need to do before I file? Any suggestions?
Thanks
Burned Twice
Good day!
I am considering filing suit next week against someone who contracted my services. I started working for this person in 2007 on a contract basis doing consulting work.
At the time, I trusted this person (yes, naive me) so while we did have a written agreement, there were no fees discussed at the time. However, this person was my supervisor at my "real" job and knew what my hourly wage was, at the time it was $26 per hour.
I have it in writing that I was to have received a premium on my wage because not only was I already working a more than full time job and attending college full time in addition to working for this person, but also because I had agreed to work and not get paid until the business launched, rather than being paid every two weeks like the other contractors.
Long story short, the business launched and I was still never paid. I finally had to stop doing work for this person because I was never paid. I have 10-15 emails (although I would probably only need one) stating that this person knows that he owes the money and just hasn't paid yet.
It finally came to a head two weeks ago when this person wanted to contract for more work. He gave me a contract for $20 per hour for less work than I was doing before. I stated that before I would do any more work, I needed to be paid for what I was owed. I gave him a discount of almost 50% off my normal rate only to have him come back and say that not only did he only believe my work was worth just over minimum wage, but that he still wasn't going to pay me even though he owes me. I told him that I would accept his offer of 8$ per hour and I would like to be paid.
He still has not paid after 10 days, therefore I consider that he turned down my offer of a lower wage. Much as a creditor can offer to settle a debt for a lower amount but if you don't make the payment then the offer is no longer valid.
I would like to sue for my entire $20 wage, what are my chances of getting it? I know that at the very worst I can get the $8, but I would like the full amount.
I can prove that he knew my wage was $25/hour, I've done consulting for other companies for more than than, and that he offered me a contract for $20/hour less than a month ago for similar work. In addition to his statements regarding the fact that he doesn't intend to pay me, I have his statements saying that he knows that he owes me the debt. I have demanded payment at a more than reasonable rate, only to be lowballed and then have payment refused again. I can definitely argue that I would have NEVER agreed to work for him 30% of my normal rate. Also, with the information he had, no reasonable person would have expected me to work at that rate, not to mention the premiums I was to have received.
Is there anything I need to do before I file? Any suggestions?
Thanks
Burned Twice
