If I am a independent contractor that was fired, what can doI toreceive payment?

UPDATED: Nov 11, 2011

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If I am a independent contractor that was fired, what can doI toreceive payment?

My contract states the company pays on the 5th of every month.

Asked on November 11, 2011 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have to be paid according to your contract (the agreement under which you were working, whether oral or, preferably, written), for all work done up when your services were terminated--unless, in some cases, your contract was terminated for your material breach of the agreement (see below). If you, for example, did work that, per the agreement, would have earned you $1,000 payment, you should have been paid that amount by the 5th. If you were not paid, you could sue to recover the amount. For smaller amounts (less than several thousand dollars), you may wish to sue in small claims court and represent yourself (no legal fees).

Note that if  you breached the agreement in some significant way, that might let the company avoid paying you--e.g. if you did not complete work by a deadline, perform it to spec, get necessary pre-approvals, etc. If you did not provide what you were supposed to provide to get paid, the company does not need to pay 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.

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