Legal Question in Employment Law in District of Columbia

Non payment of wages

I am a security guard. My company sent me to a store at the beginning of Nov. They never told me that the contract ended on Christmas and I worked until Jan. 15.The company is claiming that they don't owe me any wages since there was no contract. Once before Christmas and once before New Year's I asked if the job was ending. I was told no by the Director of Operation Is there a specific D.C. law that says employees must be paid if employer made mistake in allowing employee to keep on working. If small claims court rules don't allow for subpenoes, how can I get finacial records of the guard company. Are there any laws or case law that say employer is liable for paying wages to employee even if employee's work was the result of employer' mistake. Thank you


Asked on 2/02/08, 12:59 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Non payment of wages

DC Small Claims & Concilation Court would appear to be the proper venue for your case and you should be able to have a subpoena issued for company records if such is needed to support your claim(s).

I would doubt, however, that such records should be necessary in this case since the security outfit would be unlikely to deny that you in fact worked beyond Christmas; more likely would be their attmept to deny your claim to wages on the pretext that their was no binding contract between you and them which is outrageous conduct on their part. Of course, there had to have been at least an implied contract in this situation and if you take your claim before a judge in the aforementioned court, I would expect him or her to rule in your favor.(In fact, just having these scoundrels served with the papers may be enough to get them to disgorge the amounts which are due you as I don't think their lawyer would be overly eager to explain the company's, position on this matter to a judge.)

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Answered on 2/02/08, 2:23 pm


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