Legal Question in Criminal Law in California

I hired a Gardner to do work in my front and back yard. The first day he said he would be here at 9:00. Showed up at 12:00. Worked for and hour then disappeared for the day.

Second day, said he would be here at 9:00. Showed up at 11:00. Worked an hour then disappeared for the day.

Third day showed up at 11:30, worked an hour then left for the day.

He knows I have a lot of work for him to do, but does not stay to do it.

I paid him up front, which now I know was a mistake. I talked to him on the phone, and fired him and told him to pick up his tools.

This started on a Saturday with Monday a holiday. I feel like I am being scammed, as he is buying time to cash the check. His crew came over today after I fired them and broke into both of my gates to get to the back yard. I was not home but noticed more equipment in the back yard with nothing done. I feel like they were trespassing. I have stopped payment on the check. Do I still have to pay him for unfinished work? Pls. advise and thanks in advance.


Asked on 1/15/18, 3:35 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You recognize this was a bad business decision. If he hasn't already cashed the check, then the stop payment will work, and force him to come back to you to request payment. At that time you can negotiate and pay the worth of his completed work. Worst case scenario is that he takes you to small claims court if he can't get 'enough' from you in negotiations. Don't worry about that, as long as you can show your good faith in trying to pay him only for what he did. Write up a chronology / history of these facts and discussions for the judge.

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Answered on 1/17/18, 8:26 am


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