Withholding check

[Huntnsinme]

Charlotte, NC
I am a sub-contractor and I told my boss I was quitting so he said he wasnt going to give me my last check due to a bogus phone line that he says I cut while working.
Can helegally hold my check?

 

[panzertanker]

Charlotte, NC
I am a sub-contractor and I told my boss I was quitting so he said he wasnt going to give me my last check due to a bogus phone line that he says I cut while working.
Can helegally hold my check?

Someone else will expand the idea, but I believe they can withhold it, as you are a contract employee, until the work is completed. I think that they are only obligated to pay you if you are an employee.

Anyone?

 

[Huntnsinme]

The contract is a job to job basis....I have completed the work on the said contract to be paid. And he is not going to pay me.

 

[Beth3]

So were you an independent contractor or were you an employee? There's a big difference in the answer to your question based on your status.

 

[panzertanker]

So were you an independent contractor or were you an employee? There's a big difference in the answer to your question based on your status.

You're in luck dude, one of the "3 ladies of HR" is here to help you out!
Howdy, ma'am.

 

[Huntnsinme]

I was a sub contractor.

 

[Beth3]

That doesn't directly answer my question but I am going to assume you were an independent contractor and not an employee. You are in the same position as any other unpaid vendor who supplied materials or labor to the contractor. If he refuses to pay you, then you're going to have to sue him. You may be able to do so in small claims court, depending on the amount of money you are owed, and avoid much in the way of legal expense to do so.

 

[Huntnsinme]

Thank you very much Beth.
God bless America.