Legal Question in Business Law in California

paycheck

Hi,

my husband was working as a 1099 contractor for a company that sold house plants. he is now with a new company and is a full-time regular employee. his last co. is holding the majority of his last paycheck because of a dispute they are having with there major buyer over an order already received. his old co. has not been paid for the oder by the major buyer and won't pay my husband until they are. is this legal?


Asked on 9/16/05, 7:18 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: paycheck

A true independent contractor is simply another unsecured creditor when it comes to demanding and collecting money due him; unlike an employee, there are no statutory pay periods or paycheck-upon-termination provisions.

It's "illegal" to hold up paying your husband in the same way, and to the same extent, that it's "illegal" not to pay your Visa bill or your phone bill. There's a breach of contract involved, which I suppose is "illegal" in a sense, but no one is going to be fined or sent to jail.

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Answered on 9/16/05, 8:12 pm
Michael Olden Law Offices of Michael A. Olden

Re: paycheck

i am sure the employeer would not like any goverment agency learning of this employment situation wich probably is not limeited to just your husband -- send him a letter telling him if the check is not recieved in 10 days you will go to the ca. dept of labor and make a claim which may cause an employment audit and possibly an irs audit and see if that doesn't get some action -- without knowing all the facts i cannot give you any better advice and any clear legal advice as to the validity of your claim

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Answered on 9/17/05, 9:55 am


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