(Closed) Legal Bees! – Quick Question about holding pay

posted 6 years ago in Legal
Post # 3
Member
1353 posts
Bumble bee
  • Wedding: April 2012

Lance is pretty sure R isn’t going to pay him, and says that he is going to keep it to cover all the things he has done for him  (Whatever that means?!) 

Hmmmmmm, maybe your FI knows something you don’t because thats kind of a strange thing to say and be okay with not getting that last check.

Post # 6
Member
403 posts
Helper bee
  • Wedding: September 2010

Normally I would say there’s no way that R could get away without paying your FI.  But, you say there’s no contract in place.  Is there any formal documentation of the hours worked?  I think it would be hard to pursue legally if there’s no proof that your FI worked those hours.  Either way that’s a crappy situation for you and FI to be in, hopefully he finds a new boss who isn’t such a jerk.

Post # 9
Member
1526 posts
Bumble bee
  • Wedding: June 2012

Honestly, it would probably end up costing you more in lawyer’s fees than the $400 itself.  

Even if you did decide to go through with it, you wounldn’t have much of a case.  The main reason is the simple fact that there was no contract.  In order to be an “independent contractor” for a company, there legally has to be a contract.  

Does the employer still plan on providing your FI with a 1099 at the end of the year?  If so, and that income is included on the 1099, then perhaps you can argue it then.  If not, then it is in your best interests not to pursue it at all because that means your FI is working”under the table” and could get into some serious IRS trouble. 

Post # 10
Member
382 posts
Helper bee
  • Wedding: December 1969

Your options depend on which state you’re in. CA has a great summary of their regulations here: http://www.las-elc.org/factsheets/final-paycheck.pdf

You could also file a claim in small claims court. They’ll have to respond. Small claims court is usually pretty easy and there should be someone at the courthouse who can walk you through the process so you don’t have to hire a lawyer.

The topic ‘Legal Bees! – Quick Question about holding pay’ is closed to new replies.

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