Legal Question in Employment Law in Arizona

My wife and I were hired by a company to remodel a house. We are not contractors and were hired as hourly workers to complete the job. Materials were paid for by the employer. The employer controlled the scope of the job. Payment was never made in full during the project. Payment is now 4 months behind and the employer refuses to pay now that the remodel is complete. The IRS describes us as employees and we are filing the necessary form with regard to social security and taxes which were not withheld. What recourse do we have for the $16,000 in wages we are owed. We live in Mohave County, Arizona.


Asked on 7/18/10, 1:43 pm

1 Answer from Attorneys
Blake Simms W. Blake Simms, P.C.

Thank you for the message. It can be very difficult to get a judge to rule an independent contractor is actually an employee. The fact your assignment was temporary and for a short duration makes it much less likely you will be able to do so.

Even if you are unable to prove you were actually employees, you are still entitled to payment for your services. The only difference is you would have to proceed under a breach of contract theory, rather than a claim under the wage statute. The wage statute allows for recovery of treble damages, whereas a claim for breach of contract does not.

Let me know if you would like to speak futher about this issue. Thanks, again.

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Answered on 7/18/10, 11:04 pm


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