The guy I’m working for hasn’t paid me what he owes me..what can I do?

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The guy I’m working for hasn’t paid me what he owes me..what can I do?

I have been doing some home remodels for a guy who owns his own tile business..
he keeps promising to pay me, but after putting in about 60 hours a week for
two months, he has paid me only a couple hundred dollars on 3 or 4 occasions..
I also have had to pay for my own gas to the job which is out of town, and have
not been reimbursed for some materials I’ve had to purchase as well.. he says
I’ll get paid when the job is done, but the home owner keeps adding more to the
job, and I’m told I won’t get paid until the job is done If I hassle this guy
he gets pissed off, and threatens to not pay me at all..what are my rights? We
don’t have a contract between the two of us, and I don’t even know what he is
getting paid by the home owner, or when. He has had other people come in and do
painting and other things, and he paid them, though not what he said he
would..but those workers may have been undocumented and took what they could
get. I feel like I don’t want to work another second until I’m compensated for
all the hours I’ve already put in… What recourse do I have if I keep being
given the runaround?

Asked on January 4, 2017 under Employment Labor Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Although there isn't any written contract between you and your employer, there is an implied contract that you are doing the work for payment. Therefore, you can sue your employer for breach of contract / account stated.
Depending on the amount you are owed, you may be able to file your lawsuit in small claims court. Your damages (monetary compensation you are seeking in your lawsuit) would be the amount you are owed. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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