Legal Question in Employment Law in California

Legal claims

If a service was rendered but the individual was not paid for it. What legal claim does the individual have?


Asked on 4/16/07, 8:51 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Legal claims

If it is a customer hiring an independent contractor, then the the claim is for breach of contract. If it is a claim for unpaid wages, it is still a contract claim, but with a different measure of damages.

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Answered on 4/16/07, 8:59 pm
Claude Manookian Claude M. Manookian, Esq.

Re: Legal claims

There are several different theories of recovery for such a claim depending on the relationship of the parties. If an independent contractor relationship is involved then the claims is based on a breach of contract. However, if an employer/employee relationship is involved then the claim will be based on unpaid wages, labor code waiting penalties and interest.

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Answered on 4/17/07, 1:43 am


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