Expert: Shirley McAllister, CPP, PHR - 8/8/2009

Question
QUESTION: I drive a truck for this individual and he owes me over 4000.00 in pay, what little he has paid me has been short. I was wondering what recourse i would have in collecting this pay. The owner says that my receipts don't add up that's why the pay is short, but they do. I have his truck in my possession @ this time, we live in different states so any help in this matter will be greatly appreciated.

         Thank you very much,
         Darren B.

ANSWER: You can either file a claim for unpaid wages with the Department of Labor or you can file a claim for unpaid wages against him in small claims court.

Shirley

---------- FOLLOW-UP ----------

QUESTION: he says he fired me...there for he should have to pay me immediatley but says that the arkansas dept. of labor has nothing to do with it because i'm on 1099 not w-2...he hired me to driver for him...i'm not leasing the truck from him...is it fact that the dept. of labor has nothing to do with it & he does not have to pay me immediately?

Answer
If I were you I would contact the Arkanasas department of labor because you should have been an employee because you did not own the truck and were hired to drive for him. They may make him go back and pay any employment taxes he has not paid and yes he will have to pay the money he owes to you for driving the truck.

It does not matter if you are an employee or independent contractor you still must be paid the money he owes you. He is running a bluff on you and you need to call him on it.

Call and talk to them.
Workers may contact the Arkansas Department of Labor for help at 501-682-4500.

Workers who are fired by a corporation must be paid their last paycheck within seven days of being fired, if demanded.  In all other cases, payment must be made at the regularly scheduled payday.

If an employer owes an unpaid last paycheck of less than $2,000 to a worker, the worker may file a wage claim with the Arkansas Department of Labor. This is also true for independent contractors. If they are owed less than $5,000, workers may file suit in Small Claims Court without an attorney.

Shirley