Legal Question in Business Law in New Jersey

Unpaid Compensation

I have worked for a NJ wedding photo/video studio as freelance videographer, an independent contractor, for the last three months and they have not paid me yet with excuses like a messy payroll system, etc.

But I found out that he exploited most freelancers for a year. Some continue hoping to get paid someday. Some took him to court and he paid. Some gave up and quit. And they recruit new guys.

I don’t have any written contract. In the first contact, they said they would pay me one month after each assignment is returned. I am keeping all the assignment sheets and invoices. I have delivered all the videos except for the last two. The unpaid and total amount is $5,731.11.

My questions are:

1) Which authorities can I turn to?

2) If I take a legal action, what will be the cost and can I get reimbursed for it form the owner if I win? And how long will the litigation take?

3) Is it wise to hold the last two videos hostage? Since the assignment sheet says:

“This assignment sheet must be returned with digital files, or video in order to be paid.”

“At all times, any pictures taken and/or any video footage taken are the exclusive property of XXX Studios.”


Asked on 10/10/07, 10:03 am

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Unpaid Compensation

What you are describing is despicable. Have you contacted the NJ Wage and Hour agency? I can not give you their telephone number, this bulletin board will not allow that.

Please contact an attorney, and go sue the gentleman. He is making a business out of defrauding people like you!

Call me if you like. I never charge for a first telephone call.

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Answered on 10/10/07, 10:41 am
Walter LeVine Walter D. LeVine, Esq.

Re: Unpaid Compensation

I agree with Bob, that you both file a claim with the Wage and Hour Bureau, and that you consider suit. While you can sue yourself (you are not required to use an attorney), it might be better to use one. Since you do not have a written contract (although the assignment sheet implies employment), legal fees may not be recoverable, but suit fees are. This suit may take a few months from inception to actual Court hearing, with mandatory mediation before the Court hearing. You have an exposure if you withhold the video footage (claim for lost profits) so I suggest you contact an attorney to assist you in this regard, as well as the litigation. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 10/10/07, 11:13 am


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