What do you do when you are contracted as a freelancer and employer won’t pay you your compensation for your work?
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What do you do when you are contracted as a freelancer and employer won’t pay you your compensation for your work?
I have been working as a freelancer since January of this year with a cyber-
technology company. Along with myself and other freelancers the employer said our
checks would be mailed within 30 days after month of February. Well I didn’t
receive my invoice for payment. I constantly emailed and called the employer with
no response. Recently he sent an email in March stating that he apologized for
the lack of communication on his part and said that he wouldn’t do like he did
before. He said to expect payment within a couple weeks. Well a couple weeks past
and I’ve emailed and called with no response from him. What should I do next?
Asked on April 4, 2017 under Employment Labor Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can bring suit against your employer in small claims court for breach of contract (i.e. back due wages). Just be sure to have proof of the claim (your signed contract, emails from your employer regarding what is owed to you and the like). If you win your case, then you can obtain a judgment and collect your back wages (possibly with interest, etc.). Since you were an independent contractor and not an employee (I assume based on what you wrote), your state's department of labor will not have jurisdiction to handle your wage claim.
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