As an independent contractor, what legal recourse do I have if I am continually told that a certain percentage of my commissioned sales each 2-week pay period are under review but never resolved?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
As an independent contractor, what legal recourse do I have if I am continually told that a certain percentage of my commissioned sales each 2-week pay period are under review but never resolved?
They never come to a resolution on “under review” accounts; they just never pay.
Asked on May 20, 2015 under Employment Labor Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Unfortunately, independent contractors are not protected by labor/employment laws and have no recourse to the labor department (state or federal) to help resolve payment issues. Rather, your only recourse is to sue the company for breach of contract (even if there is no written contract, there is still an oral agreement as to how you are paid, and oral agreements are enforceable) in court, to recover the money. One option is to sue in small clams court, acting as your own attorney ("pro se") to save on legal fees. Of course, suing the compan pretty much guarantees you'll never work for them again, so you need to weigh carefully what to do.
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.