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