Legal Question in Employment Law in Missouri
Collecting Payment as an Independent Contractor
I work as an independent contractor, have signed a contract with another independent contractor to do work for their company. The terms for payment to me in the contract I signed stated ''contractor will be paid when company is paid by client.'' I was told verbally on three different occasions that it was usually about 2 weeks between paychecks give or take a day or two - that they had never had problems with it before. My second invoice is already late - 10 days past the two week mark. Do I have any legal recourse? Can I stop doing their work until I receive payment or what that be against the contract?? I gave my 14 day notice to them for fear of not getting pad at all - do I have to actually do the work during these 2 weeks? Appreciate any advice you can give.
1 Answer from Attorneys
Re: Collecting Payment as an Independent Contractor
The situation you describe does not indicate an employment ralationship, but rather a mere contractual relationship. As such, you do not owe any two week period, IF the other party has breached that contract. If you have promised to provide two weeks of work, you should perform it, or you may be liable for damges.
You find it fruitful to inform the Client (the person or company that you and the other contractor are doing work for), that you will be asserting a lien if you are not paid. Then you should contact the people or companies that you have llready performed work for. You want to know if the other contractor has been paid anything. You position should be that you are owed the first dollar the other contractor is paid, not the last.
If the contract is written as you say, you have aright ti know when and how much the other contractor gets paid. You should make contact with each customer you have doen work for, They will have the greatest leverage in seeing that you get paid.
You did nto indicate what type of work you do. I have assumed it is in the building trades. If it is not, the advice may change, but you still have th right to know how much the other company has been paid. You may and should inform any people that you do work for during the two week period that you expect them to pay you if the other contractor doesn't. They will likley contact the other contractor, which will probably either get you paid fast, or excused from your two week commitment.
THE LIMITED SPACE THAT IS AVAILABLE IN A COMPUTER FORUM IS NOT NORMALLY ENOUGH TO GIVE ALL OF THE PERTINENT FACTS. THEREFORE, DO NOT RELY ONLY ON THE ADVICE GIVEN HERE. MAKE DIRECT CONTACT WITH ANY ATTORNEY THAT YOU CAN PROVIDE ALL THE FACTS TO, BEFORE TAKING, OR NOT TAKING, ACTIONS THAT AFFECT YORU SITUATION.
Good Luck