Legal Question in Employment Law in Georgia

Employer won't release check

I worked for about 2 months as an independent contractor doing medical transcription (tho I should have been classified as 'employee.') I hated working there and found another job and had to quit without notice. I turned in my key and requested they mail my final check. They stated the doctor wanted an opportunity to 'speak' with me and they could not mail my check. I went in twice to obtain the check and was told both times the doctor was not available. Her schedule and mine do not mesh. I believe the doctor just wants to give me a 'talking to' and feel that their withholding my check is punitive and probably illegal. Any advice would be welcomed.


Asked on 10/21/03, 9:39 am

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Employer won't release check

Sure, there is. You don't have to drop by for a butt chewing to get your check, and there is no reason they cannot mail it. Send him/her a written demand letter stating that if they do not pay your check by X date, you will take them to magistrate's court (small claims). If they don't come across, file suit in the Magistrate Court for the county where the Doctor practices or lives. Since you are not an employee, labor laws do not apply. This is essentially a breach of business contract sitution. [email protected].

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Answered on 10/21/03, 9:43 am


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