As an independent contractor, am I entitled to my last paycheck even after giving my 2 week notice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
As an independent contractor, am I entitled to my last paycheck even after giving my 2 week notice?
I am a dentist and worked as an independent contractor in a private office. The owner and I had a verbal agreement that I would be paid 30% of production on a monthly basis at the end of each month for the previous month. I gave my 2 week notice the second week of last month and the owner told me not to return the day I gave my notice, so I didn’t full fill the 2 weeks. However, I have not yet received a paycheck for the month before last. Additionally, I have not been paid for the first 2 weeks I worked last month. I’m not sure what to do now.
Asked on January 25, 2012 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are entitled to be paid for all work you did, up to the termination of the contractor relationship. Therefore, you should have been paid for the full month prior to giving notice; and you should also be paid for the two weeks you worked in the month of notice. The exception would be if the contract between you and the owner had some specific term to the contrary--e.g., that the agreement had been that if you give notice, you are not paid anything for the month in which you gave notice. Apart from that, however, it seems, from what you write, that should be paid for the previous month and the partial notice month, and could sue to seek that money, if necessary.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.