Legal Question in Business Law in California

Re: contract terminated, employer will not pay

Upon your question alone there should be no problem whatsoever in collecting your money. Now let's get onto real-life. I have numerous questions and I would have to read the contract and see the plans and specs. There is never a slam dunk in court and I cannot predict the future. One thing I can do is tell your rights that would depend upon the wording of the contract and what the "actual defenses" are. If, it is only that it is not over satisfaction than that, unless written into the contract very clearly with the definition of satisfaction, would not be a defense which I think the court either wood or should listen to. I am in northern California would love to look over this case and discuss it with you. If you wish to please call me at 925 -- 945 -- 6000.

Re: contract terminated, employer will not pay

The answer depends on a number of factors. First, was there a written contract between you and the "employer," and if so, what were its terms. It also depends on whether you were an employee or whether you owned your separate business who contracted with the "employer" (an independent contractor). If you were an independent contractor, you may have a case against the "employer" for breach of contract, and the labor department would have no involvement. On the other hand, if you were an employee, you would be entitled to whatever wages you should have earned, and the labor department would be the entity to enforce your rights for those wages.

If you are an independent contractor you can bring a lawsuit in small claims court to recover your "damages" up to $5,000.00. You may be able to use other similar court cases to prove that the "employer" has a custom and habit of agreeing to pay for services, then claiming the work was not done to her satisfaction. Generally a party's performance under a contract is looked at objectively to determine whether it fulfilled the terms of the contract.