Legal Question in Business Law in Nevada

I did work more than 6 months ago for a company as an independent contractor and have yet to be paid despite numerous emails from the owner saying that she "has put the check in the mail" to me. The check never shows up and I receive one excuse after another. What can I do to collect compensation owed to me?


Asked on 12/03/10, 12:15 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I think you need to consider two things. First, were you really an independent contractor? Did you set your compensation rate, hours, have your own business license, etc? If not, you may not be an independent contractor, but a disguised employee. Many employers use so-called independent contractors as a way to escape paying employment taxes. If you report what's happened to your local employment development or labor law department they will investigate and take corrective action. If you truly are an independent contractor, then your only recourse is to sue for payment, probably in small claims court, depending on the total amount involved. Consult with a good business or franchise attorney in your area for specific advice.

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

Franchise Foundations, a Professional Corporation

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Answered on 12/09/10, 7:05 am


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