What are my rights regarding docking my pay as a subcontractor?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights regarding docking my pay as a subcontractor?

I am an independent tech that has an LLC which is subcontracted to a contractor. This contractor recently started docking pay for clerical errors in physician’s reports that is legally not part of our job description. This contractor is not consistent and will take almost 90 days worthy of fines out of 1 check written to our LLC’s. Also, our checks are never on time or cashable. Can he legally do this is as I am not an employee per say and this was a rule he decided to make up well after we have all been working ?

Asked on September 8, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As the term "contractor" implies, the relationship between a contractor and its employer is *contractual*, or governed by the terms of the agreement (whether unwritten [oral] or written) between them. The employer may only deduct or dock pay if *the agreement* says they can--like any other contract, it can have credits, deductions, penalties, etc., but they must be agreed to.
What this means in practice, if you don't have a written contract for a given length or period of time (e.g. a year-long contract) or for a specific project you are working on (whose duration is therefore the duration of the project) is that deductions may not be made retroactively, before you are given notice of the policy--that is, they can't all of a sudden take money out when you were not warned or told they might do this. 
However, an oral (unwritten) agreement may be changed at will, with nothing more than notice of the change. So once they tell you they are doing this, from that point forward, they may--it becomes part of the agreement between you. Your option or recourse, if you don't want to work under those terms, is to stop working for this employer if you like the terms of employment. (This is the same way that you could at any time, when there is an oral agreement, tell them that you are going to charge more--and if they don't like that, they can stop working with you.)


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption