Hi I was working at a finance company and was put on a project being paid per hour (versus being paid for the project completion), being paid $22/hour.

They requested that I submit them invoices for the work that I completed. They paid for the first and second invoice, but the last invoice dated 11/12, submitted on 11/14/06 still has not been paid ($341.50).

On 12/5/06, after multiple requests on the status of the paycheck (and not receiving a response), my supervisor said that she just had a chance to look at the invoice and that she wanted me to redo some of the work, because she said it was not done correctly. I spent another 4 hours to more work that she requested (without adding the additional work to the original invoice amount).

Now, today on 12/12/06, she's asking that I take 50% off of the invoice (saying it will be easier to get management approve the invoice), because she states she didn't know I was going to come in over the weekend to complete the work (even though, she was the one who told me come in over the weekend and to do the work and was informed that I did come in over the weekend prior to the submission of the invoice).

I REALLY need to get this check.

Due to an injury where I was attacked, I am unable to work and I'm counting on this money to pay for my December rent (already late). What rights do I have regarding getting paid, and if they don't pay, what can I do to report them to an appropriate labor agency (the last day I worked was 11/10/06)? Do I submit this to a collections company? What do I do?

I know I have different rights because I was not on payroll, but do I have any recourse with this matter?

PLEASE HELP.

You will have to file a civil suit; small claims might be your cheapest bet, if the amount due falls within the maximum amount (I think it's $5K). What does your contract say with regards to the payment terms and what recourse the company has if their is a discrepancy regarding the amount due or quality of work or having to do rework? Your contractual agreement should have addressed all of these issues.

You wouldn't contact the DOL or DLSE because you weren't an employee and they have no jurisdiction in this matter. Nobody is going to buy a receivable where the amount is in contest. I'm sorry, but this is not something that can work its way through the legal maze in a day or two. Even if you were an employee, it would take, to be optimistic, 2-3 weeks, I would guess, before the DLSE would even get to your claim; moot point though, the DLSE.

There is no written contract.

The only thing that I have written is the invoices I submitted and email correspondences sent between myself, the supervisor and the controller.

Is small claims my only option?
That will take a long time, shouldn't it?

Is there anything else that I possible could do?

Thank you.

Other than negotiate an amount that can be paid right away (the amount on which you and the company CAN agree), with the disclaimer that additional amounts are still to be determined. But honestly, this is not a DIY deal. Without at least some specific legal advise, you are going to be at a disadvantage in "quick" negotiations.

So, then, basically, there's nothing I can do unless I take them to court?

Does anyone else have any ideas?

I am at such a loss.

Thank you.

CaliConfused: I was working at a finance company and was put on a project being paid per hour (versus being paid for the project completion), being paid $22/hour...I know I have different rights because I was not on payroll

You may be a misclassified, independent contractor. If you were really acting in an employee capacity the DLSE will help you secure your unpaiud wages. You can contact EDD http://www.edd.ca.gov/eddhome.htm and DLSE http://www.dir.ca.gov/dlse/DistrictOffices.htm

BSPCPA is correct; however, we have no way of knowing (or even guessing) whether you were misclassified or not, OP, based on what you posted.

What information is needed to figure out if I was indeed misclassified?

http://www.irs.gov/taxtopics/tc762.html

CaliConfused: What information is needed to figure out if I was indeed misclassified?

There is no one factor that is determinative of whether you are an employee. However, if you worked at the finance company (not your own office), were paid by the hour (not for the job), had to personally perform the work yourself (could not send someone else to do the work for you), were told when to come to work, what time to work, and reported to a company supervisor, there is pretty strong evidence that you are an employee. If you file a wage claim with the DLSE http://www.dir.ca.gov/dlse/Form1.pdf, they will ferret this all out for you.

THANK YOU so much for that explanation.

Yes.
I worked at the Finance Company office location.
I was paid per hour vs. for the job/project.
I was also told when to come and what hours to work.
Additionally, I was the only personally doing the work and I did have to report to a supervisor regarding the work.

If I don't receive a response from the finance company in the next 24 hours, i will definitely file a claim.

You have made an unfortunate situation into something that I can do steps to actually change.

Thank you to you and everyone who responded to my questions/situation.