Can I sue my former client for OT Wages

UPDATED: Oct 1, 2022

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Can I sue my former client for OT Wages

The contract I had with my previous client stated that neither party could terminate the agreement without 30 days notice. My client did, in fact, terminate the agreement last week with no notice. I worked as a consultant on an hourly basis and I average 65 billing hours per week. As such, I invoiced the 30 days at that rate and the client has asked that I reduce it to a 40 hour week basis. Had they simply given me notice, I would be working the next 30 days on a 65-hour week basis. So is it not just that I invoice them based on that? After all, they broke the agreement.

Asked on April 2, 2018 under Business Law, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you were an independent contractor (not an employee), you have to be paid as per the terms of the contract. If the agreement stated you were paid hourly, they had to pay you for all hours worked (on the other hand, if it capped you to 40 hours per week, that's all they would have to pay). If it stated they could not terminate it when or how they did, then you could sue for the money you would make under it under until such time as could or would be properly terminated. Etc. As a CONTRACTor, you can enforce the plain terms of the contract against them; you would do via a breach of contract lawsuit.

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 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.

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