How long can a company hold my paycheck if I work as a 1099 contractor?

UPDATED: Oct 1, 2022

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How long can a company hold my paycheck if I work as a 1099 contractor?

How long can a company hold my paycheck
if I work as a 1099 contractor?
Location Tampa, FL.

Asked on November 17, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no hard and fast rule unless there is a written agreement between the two of you as to when you will be paid: contractors are not protected by the laws about payroll timing that apply to employees, and  when there is no date set by mutual agreement, the only obligation is to pay in a "reasonable" time.
If and when you deem that too much time--more than a "reasonable" amount--as passed, then sue for the money, based on "breach of contract" (violating the agreement, even if only oral, that you would work in exchange for pay; if you did you part [worked], they are contractually obligated to do their part [pay]). You would look to show, based, for example, on when/how quickly you were paid in the past, that they have failed to pay within a reasonable time. If the amount at stake is less than or equal to the small claims limit, sue in small claims on a "pro se" (as your own attorney) basis, as the fastest, least expensive way to pursue this.

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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