Do I have a case

[above82]

What is the name of your state (only U.S. law)? FL

I have searched the forum but am still unclear on this issue.

Do I have a case:

I am an independent contractor doing Roadside assistance. I do not have any type of contract with one company I did some work for. I do however have emails, texts and phone calls and copies of paysheets and checks showing I communicated and completed any jobs sent to me. I was owed some back pay and therefore told the company until I am caught up I will stop doing work for the company.

Since then I have not received any paychecks.

I think I read somewhere that as an independent contractor you basically are not covered by employment laws. But does this mean a company has a right to screw people out of whats due to them?

So do I have any type of case against this company.

I also have another guy I worked with who is also owed money.

Thanks

 

[Beth3]

I think I read somewhere that as an independent contractor you basically are not covered by employment laws. You're certainly not covered by wage and hour laws, which is the applicable issue here.

But does this mean a company has a right to screw people out of whats due to them? No, of course not.

As an IC, you are a supplier of services to this company (not an employee) and the company has an obligation to pay you just as they would any other supplier or vendor. Your recourse is to sue them in small claims court for the money owed you. The other guy should sue them too.

You'll want to check with your local courthouse to see what the dollar limit is in your State for a small claims case. Typically, it's $5,000 but it varies by State.

 

[LdiJ]

What is the name of your state (only U.S. law)? FL

I have searched the forum but am still unclear on this issue.

Do I have a case:

I am an independent contractor doing Roadside assistance. I do not have any type of contract with one company I did some work for. I do however have emails, texts and phone calls and copies of paysheets and checks showing I communicated and completed any jobs sent to me. I was owed some back pay and therefore told the company until I am caught up I will stop doing work for the company.

Since then I have not received any paychecks.

I think I read somewhere that as an independent contractor you basically are not covered by employment laws. But does this mean a company has a right to screw people out of whats due to them?

So do I have any type of case against this company.

I also have another guy I worked with who is also owed money.

Thanks

You can sue them for what they owe you...but that is all that you can do. If the amount is low enough you can sue in small claims court.

 

[cbg]

As an IC you are not covered by employment laws.

You are, however, covered by contract laws. Your recourse in this case is to sue him for what he owes you.

Whether or not the emails, etc. are sufficient to prove a contract is fact specific and not something we can establish here. Perhaps in future it would be well to establish a written contract.