Legal Question in Business Law in Florida

I'm an independent contractor that has been working for an Aerospace company for 5 years. I decided to leave and the company is only willing to pay half of what I invoiced. I plan to take the matter to court, they want me to sign a release for tomorrow when I pick up my final check of $2000 tomorrow. Is it legal for them to require me to sign the release in order to receive my check?

Asked on 6/17/10, 8:57 am

3 Answers from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

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The answer is no. They are trying to limit their liability. The only exception to this may be contained in your contract of employment, to which I have no access.

Answered on 6/17/10, 12:13 pm

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Kevin B. Murphy Franchise Foundations, APC

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Any attorney will say the answer is no, probably. There may be an exception in your independent contractor agreement. Many independent contractor arrangements are really employees in disguise, where employers try not having to pay workers comp, social security and other taxes. If this is investigated by your state's employment department, the employer may be in serious trouble. Consult with an attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

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Answered on 6/17/10, 12:23 pm

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