Legal Question in Employment Law in Florida
Employer Failed to Pay
Recently a production company contracted several people to do work for them. They have failed to pay myself as well as approximately 5 other subcontractors that I know of. What rights or remedies do we have to force the payment of wages. Contacting the production company has failed to produce results. We are presently in the process of contacting all subcontractors that have not been paid.
2 Answers from Attorneys
Re: Employer Failed to Pay
Your most fundamental claim is for a breach of contract since you were contracted to do the work for pay and have not been paid. That means you would have to sue, which of course is time consuming and can be costly. However, perhaps the threat of a suit by many contractors would be enough to get the company to pay.
If you all present a untied face, perhaps all going to the company together and confronting the owner (diplomatically but firmly - do not be belligerent or accusatory - rather, just calmly demand what is rightfully yours), or all signing and sending a demand letter, that would do the trick.
You can also call the local office of the US Department of Labor, ask for the wage and hour division, explain the matter and ask if they can help. (They may only be able to help employees as opposed to contractors, but it is worth a call.)
There may also be other factors which bring the DOL into play. For example, does the company do government contracting? If so, then the DOL Office of Federal Contrator Compliance Programs might be able to help.
If you and/or the other contractors think you need an attorney to help, please call for a free consultation.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
Re: Employer Failed to Pay
If you all have claims which can be brought together, the total sum owed may be fairly significant and thus more likely to force the contracting party to pay. In this regard, a civil action on behalf of all parties may be necessary, so please feel free to contact me at (305) 755-9441 for further assistance.