Legal Question in Employment Law in California

Independent Contractor final wages

The company I worked (with a written contract) has not paid my final wages. My timesheet was submitted 02/28/08 and I received an e-mail that due to cash flow problems they would not require my services for the month of March and would contact me when they would need me again. I told them they was nothing in the contract (terms were month to month and that the agreement would be terminated by either party with 30 days notice). I requested they pay me immediately. They never responded. I filed a small claims action because DOL said I could not file with them because of my independent contractor status. There is an arbitration clause in the contract, but it specifically states that any dispute which cannot be resolved in good faith must go to arbitration. My stance is they breached the contract and the contract should not stand. They have done nothing to contact me other than filing an answer which is actually a request to stay proceedings. Can a contract stand when consideration (fees) have been denied? Please note that I posted a question earlier that was more convoluted.


Asked on 4/19/08, 2:46 am

1 Answer from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Independent Contractor final wages

Whether you have a legally binding contract is for a judge (small claims) or a jury to decide. If you have a legally binding contract then the next question is whether the contract was breached and what if any are the resultant damages of the breach. You should go to small claims and argue your point and let the judge decide.

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

Read more
Answered on 4/24/08, 6:09 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California