If I am a subcontractor can the company I work with hold money from me?

UPDATED: Sep 30, 2022

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If I am a subcontractor can the company I work with hold money from me?

I am a subcontractor for a transportation company. When I first started I had all intentions to buy the vehicle I use and pay the company with in 3 months. I did not make enough to

pay them and asked for a different contract to be drawn up with a specific payment schedule outlined. Their response to me was just pay for the car as soon as you can. They then proceed

to deduct $250 in payments each week without my consent. Until this week when I did not receive a payment at all. Are they allowed to deduct these payments without my consent? I have given them options for a new contract and nothing new has been signed by both parties.

Asked on June 24, 2016 under Employment Labor Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, they cannot withhold payments due to you for work you did without your consent, whether you are an employee (the labor laws prohibit withholding employee compensation without employee consent) or a contractor/subcontractor (the relationship between you and the company employing you is a contractual one, even if that contract is oral or unwritten; neither party may change it, such as by changing the obligation to pay you, without the other party's consent). Since you state you are a subcontractor, it is unlikely that the state labor department will help you; to get the money you are owed, you would have to sue the company for breach of contract, or violating their contractual obligation to pay you as previously agreed.

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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