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What are my options as a laborer for a subcontractor that won't pay?

I wasn't paid for labor at several jobs over the course of about 2 months (3/23-5/12). My employer (who I've worked for the last 2 years) claims that I am an independent contractor because he provided a 1099 that I did not sign. I came on with no skills, did not make my own schedule, and had to train other employees. The funds being withheld are for work provided on 50+ homes, so I don't want to file 50 liens. I have correspondence of him claiming that a notice of intent and payment demand letter I sent is slander or defamation of character, while I am still owed about $7,000. He's threatening a lawsuit. I don't technically have a contract, but plenty of proof over text and email of all agreed upon rates. I'd like to know the best course of action.

2 replies

Jun 19, 2020

Gosh, what a situation. I'm sorry you've been put in this position. That's a lot of money to miss out on in these tough times. From your description of how you worked, you were quite likely an employee under the law versus a contractor. This is a dense factual situation, but in a nutshell, you have various claims that you could bring with or without filing liens on individual properties. We're well versed in defamation at this firm, but I would need to read your letter to determine if there's any truth to your ex-employer's claims in that regard. Feel free to call me if you'd like to discuss this matter in greater detail. Very best, Ben House 2817621377 ben@houseperron.com

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Jun 23, 2020

Hello, From what you have shared, it sounds like you are an employee, and not a subcontractor. The most effective thing you can do is file a claim with the Texas workforce for unpaid wages. I'd also recommend you reach out to the Workers Defense Project at 281-796-0069, they specialize in supporting non-paid construction employees. Thanks, Karalynn Cromeens Managing Partner www.TheCromeensLawFirm.com Privileged Attorney-Client Communication and/or Attorney Work Product: The above message and attachments, if any, are confidential and may be protected by the attorney/client privilege and/or attorney work product. The unauthorized disclosure, use, dissemination or copying of this e-mail, or any information it contains, by anyone other than the intended recipient, is prohibited. If you are not the named recipient, or have otherwise received this communication in error, delete it immediately and notify the sender at the office number listed above or by return email.

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