How doI obtain my wages that my former employer is witholding?

Get Legal Help Today

 Secured with SHA-256 Encryption

How doI obtain my wages that my former employer is witholding?

I had an independent contract with a company to sweep consumers parking lot. Because one consumer found out that the company was lying about using a truck to sweep the premises and using me to manually sweep they wasn’t satisfied and ended the contract. The company told me that I wasn’t getting paid because of that. I said okay however that was only one site and I had several more sites that I did and never gotten paid for. How can I get my owed funds?

Asked on December 1, 2011 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you did the work which you contracted to do in accordance with the terms of the contract, you must be paid for it. For example, say that the contract that you had with the company did not specify that you had to use a truck to sweep; in that case, you  did not breach the contract and must be paid for the work. On the other hand, if you violated the terms of your contract, the company may be justified in withholding the money. (Note: it doesn't matter if the company's own customers were happy or not, or whatever might be in a contract between this company and its customers--*all* that matters is the terms of your contract with them).

So if you complied with your contract, you must be paid; if they won't pay you voluntarily, you may sue them for breach of contract, to recover the money. Depending on the amount, you may choose to represent yourself (possibly suing in small claims court) rather than hiring an attorney).


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