Legal Question in Entertainment Law in Illinois
Independent Contractor Agreements
I was wondering if I signed an Independent Contractor Agreement with someone, and I still have not been paid, how should I go about getting paid. I have a company that is similar to the company that hired me and they are refusing to pay me because I have my own company, I did complete the work myself, but they are thinking that I am trying to steal their clients, when I clearly signed a non-compete agreement. They have no proof that I tried to contact any of their clients, and they still have not paid and it has been about three months.
1 Answer from Attorneys
Re: Independent Contractor Agreements
If you have not been paid by someone that owes you money, your legal recourse is to sue. As an independent contractor (assuming your relationship is not really a common law employment relationship that is merely labeled as an independent contractor relationship), you are not able to pursue your claim with the Illinois Department of Labor. However, you should look at Illinois Administrative Code Section 300.460, Independent Contractor Exemption, to see if it is possible that you can assert that the independent contractor exemption does not apply.
Of course, there are intermediate steps you can and should be taking: writing demand letters, reporting the non-payment to D&B, etc... Suing should be a last resort.
David K. Staub, an Illinois business lawyer
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
