Legal Question in Civil Litigation in New Jersey
Nonpayment of services due and owing without release
I was a self employed contractor providing insurance investigation services exclusively for a company for the last 6 months with only a verbal 1 year contract. The first notice I rec'd they are terminating my services was today April 8, and they have back dated all the termination dates to 30 days which means they will NOT pay for any service fees and expenses I have incurred since March 5. They will only pay me for services and expenses incurred until March 5 if I sign a full release of all claims, and they will not pay me for anything after March 5 regardless of whether the realses is signed or not. They will not make any payment to me for services I provided PRIOR to March 5 until this release is signed. Is this legal do I have any recourse?
2 Answers from Attorneys
Re: Nonpayment of services due and owing without release
If you do not sign the release, all your rights are preserved and you can sue for your fees. If you sign the release, you cannot.
Daniel Clement
Re: Nonpayment of services due and owing without release
Option? Yes. Stand your ground. Demand payment. Sue them if they do not pay. If it is under $15,000, you can do this quickly in Sp. Civil Part at little cost. Your problem will be documenting that the notices were backdated (this is illegal IF you can prove it), proving the work performed was asked for, and last, trying to prove a 1 year contract. Maybe they pay you to keep you quiet and avoid exposure on breach of the 1 year contract.
Good luck.
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