Trying to get paid for work over 6 months ago.

fat__tony

Not sure if this is the right place for this thread??? Anyway...

I worked for about 5-6 weeks back in September/October last year for a chap who I've worked with at a previous company in the past on a part time basis (12 hrs per week - consulting engineering position). He has his own small business (around 3 people)

There was no defined contract or anything, I got a call one day and I was asked if Id help him out for a few weeks and I said I would. I had already decided that I was going to relocate to Canada at the start of November so this was essentially just putting my time to good use before I left.

When it came to me finishing up, I asked him about payment, said he'd send me on a cheque for an agreed amount. I said fine, send it to my home address.

I left for Toronto a couple of days later. Needless to say, some 6 months and countless emails later, I still haven't recieved payment. Its not a huge amount (around €620) and I'm trying to work out my next move. I think its because Im over 3000 miles away, he's essentially trying to fob me off.

I have detailed emails and correspondance that I have worked with this guy and I'm tempted to go down the legal route at this stage.

Any advice would be appreciated.

Thanks.

RATM

Not having a contract might put you in a spot of bother here. Because your relationship with this individual isn't defined i.e. were you an employee or were you a contractor. If the latter then your company could take legal action against his. If the former then I think you'd have to go down the route of a Rights Commissioner to claim unpaid cash. That process is relatively straightforward but will take a bit of time and most likely needs you to show up in a court on a certain date.
Taking legal action company v. company is going to be a more costly process, I think you'd have to go to the District Court and file there, the Small Claims Court wouldn't cover company actions. I don't think this route would suit you to much (and reckon yer man is counting on it) as the legal fees alone might be somewhere in the order of what you're claiming. Of course if you win you should be granted costs which would put the burden of payment on him.

However the very threat of legal action might force him into coughing up. It sounds like you two know each other well also- would news of his non-payment cause embarrassment for him in his industry? i.e. if a court case came up and was reported in the media would it damage his business, make him seem untrustworthy to some extent?

CatFromHue

just keep after him. make it difficult for him to fob you off.

e.g. ring the company when he is not there and leave a message asking for the cheque. that way the staff will find out that you havent been paid.

if you give up on the money it sounds like he will. if you keep after him he wont be able to forget it.