waiting for my money

[suzie]

i worked in a hair salon for 15 years and decided to move to a new location . i rented my station from the place i was working at and i respectfully gave the owner of the salon my two week notice.. one week after that she asked me to go ahead and pack up my stuff this will be my last day so basically she fired me after i had already put in my notice..so after all is said and done she owes me money for credit card charges from my customers and any commision i had made on selling products and i also inquired about being prorated for my weeks rent since she has already benn paid for a full weeks rent and i was only there for 2 days out of the seven days i paid for ... well it has now been 6 days and i have not received any money from her yet ... i am just a little pissed off why i havent received my money yet ... if i am not mistaken i should have gotten it within at least 42 hours ..... is that right please help me understand my rights

[LConnell]

Were you an employee? If so, your employer was required to pay you immediately, since she let you go involuntarily. Also, the money due to you from the completed sales is also payable immediately. File a claim with the state. This website tells you how to file a claim: http://www.dir.ca.gov/dlse/howtofilewageclaim.html

As a plus, if it can be shown that the employer willfully withheld pay, she can be penalized a day of pay for every day that she is delayed in paying you.

[suzie]

i had rented my space should i be paid back my money for the rest of the week or does she get a full weeks rent when i was fired and let go???

[suzie]

so where should i start

[LConnell]

Because you "rented a space", I have the impression that you were an independent contractor, rather than an employee. If that is the case, the only way to recover your money is to treat her as a vendor, filing a claim in small claims court.

The following link takes you to a website that explains Independent Contractors.
http://www.dir.ca.gov/dlse/FAQ_Indep...Contractor.htm

[suzie]

yes i was an independent contractor. i paid $ 350.00 a week to use my station... the salon woul take the credit card charges at the front desk and i would receive a check at the begining of each week for the previous weeks carges minus the 8% she would take from them.. but regarding the rent i pay to the salon each week should i be prorated for the last week i was there since i paid a full weeks rent and she only let me work through tuesday ....still a little confused?????

[LConnell]

As an independent contractor, you were your own employee, rather than her employee. Therefore, you are not protected by federal and state labor law. The only way you can get the money from her is to do what one business would do to get payment of a debt incurred by another business. You need to pursue this outside of the employment law process. You can file suit in court, you can go to small claims court (which is much more cost feasible) or you can go after her through a collection agency (though there are quite a few laws and required requisitions for the last option).

Good luck.