Help me get paid!
April 14, 2010 6:29 PM   Subscribe

I worked for a small startup in San Francisco for around 4 months, but can't get my final paycheck off them......What recourse do I have?

I worked for a Cloud Computing Co. in the city for a few months at the tail end of last year. Getting paid was always a complete hassle, with one BS excuse after the other as well as changing the agreed upon hourly rate. They haven't responded to e-mails or voice messages even when I was calling up about the work schedule. I have since returned to Austin and sent in my last invoice over 6 weeks ago. My gut feeling is that they have no intention of paying me, and the fact that I'm not in SF makes it more difficult to apply any sort of pressure. I was thinking of small claims court but it's a hassle not been there. They owe me around $550.....
posted by leftfooter to Work & Money (11 answers total)
Small claims court.
posted by mhoye at 6:35 PM on April 14, 2010

Did they close up shop or are they still around?
posted by cowmix at 6:49 PM on April 14, 2010

Response by poster: They're still around, and as I mentioned earlier....I'm no longer in SF, so the Small Claims Court is not ideal as I think you have to petition & sign all sorts of documents, as well as show up on the Court date.
posted by leftfooter at 6:55 PM on April 14, 2010

Make a claim for unpaid wages. I may matter if you were a hired employee or a contractor.
posted by whiskeyspider at 7:25 PM on April 14, 2010 [2 favorites]

If you give it up for lost, you should be able to use it as a tax deduction...
posted by jeffamaphone at 8:47 PM on April 14, 2010

Response by poster: I wonder how I can file it as a tax deduction? Tomorrow's getting v. close!
posted by leftfooter at 8:51 PM on April 14, 2010

You'd need to consult an expert on that one. I've never done it.
posted by jeffamaphone at 9:14 PM on April 14, 2010

Paycheck as in employee?

If employee, contact the CA labor board.
posted by zippy at 11:38 PM on April 14, 2010

On review, seconding Whiskeyspider's link above.
posted by zippy at 11:45 PM on April 14, 2010

If you're sending them invoices, it sounds like you might be a contractor. If so, the DSLE (whiskeyspider's link) cannot help you, and you'll need to go to small claims.

Note that independent contractor status has nothing to do with what you and they called your job and how you got paid, and everything to do with whether you meet the IRS's definition of an independent contractor.

So check out that link and figure out if you're an employee or not. If you're an IC, small claims and/or a lawyer is an answer. Otherwise, the DSLE is the way to get the ball rolling.

posted by Aizkolari at 5:40 AM on April 15, 2010

Response by poster: Sorry, Contractor....
posted by leftfooter at 9:09 AM on April 15, 2010

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