[dmbuller]

I live in CA and have worked for a company in PA since 10/2010. Suddenly in 12/2011, they stopped mailing my checks and gave me many excuses: "I'll check with accounting", "I'll get you a tracking number". I submit my hours every week via email to the managing partner. They pay two weeks hours every 15th and EOM. Of course, this caused the pay checks to be about a month behind. They owe me for 11/30, 12/31, 01/15, 01/31. They claim an unscrupulous person in their out-sourced accounting department stole the money and when/if they recoup it, they will send the money. I was hired as a 1099, but may qualify to be reclassified as an employee. When hired, I received a welcome letter stating the hourly rate and scheduled pay days. I was trained, performed this type of work exclusively for this company, received instruction with every assignment and if I had a question, I waited for instruction to proceed.

Should I file a claim with the Labor Commissioner to see if they reclassify me as an employee and can help me pursue the unpaid wages? If so, which Labor Commissioner.. CA or PA or both? Should I file the IRS form SS-8 to request classification?

Or, should I file with the small claims court? Which one.. CA or PA?

Will the Labor Commissioner claim give me a stronger claim (in the eyes of the employer) then the small claims court? I wouldn't be able to travel from CA to PA to attend any hearing, etc.

I really need to pursue these funds to receive them in the most quick amount of time. Frankly, which would make the employer the most uncomfortable so they might prefer to pay then proceed.


BTW: The employer recently incorporated in DE and has a DE address, as well as the PA address.

Not sure what to do so, any help is appreciated.