What to do about a breach of an employment contract?
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What to do about a breach of an employment contract?
I’m a photographer and was hired by another photographer her to second shoot a wedding this past Saturday. I signed a contract stating that I would be paid $350 for my services and I have not been paid yet. I contacted her last night and her response was that she “doesn’t work on Monday’s” but she also stated that some of my reception images were out of focused and stated that she planned to pay me the rate I was paid at a previous wedding I worked for her on which was $150. Do I have a case here? I would never have accepted this job if I would have thought the pay was anything less than $350 and I did complete my job. I worked from 3 pm-10 pm that night. And again I haven’t received a dime yet.
Asked on June 25, 2013 under Business Law, North Carolina
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You need to immediately inform her in writing that a) she breached the contract and b) you did not sign any documentation making your pay provisional. Indicate if she does not pay you, you are withdrawing her right to those photos and you will file suit. Further, always make sure you have the bridal party sign on to something like this before you work because you have another set of individuals you can seek payment from. At this point, I would inform her of these breaches and sue her in small claims for the contract and court costs.
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