Legal Question in Employment Law in New York

Freelance wages unpaid

I - from Wisconsin - worked on a freelance basis for a person in New York City. I regret to say there was no contract, but I do have emails in which he agreed to my price. He has not paid me after several months and I don't think he plans to ever pay me. Is there anything I can do given I'm in another state and have no signed contract?


Asked on 7/15/06, 12:34 pm

3 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Freelance wages unpaid

As an independent contractor first of all you would not receive "wages." That is a term that applies to a salaried employee.

However, many people arrange contractual work over the internet. Your main problem is proving that the email is really from him, if he denies it; I don't know the type of work involved, but if it is very specialized, it would help to show the other party is in a business related to

the work you did for him.

However, you are not without recourse; you have not provided enough info. Also the email will need to contain an agreement on the price,

in other words, an offer and an acceptance of a bid or something similar.

This can be done. However, the legal fees can be

significant. I would be happy to help if you provide me with further information.

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Answered on 7/15/06, 8:23 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Freelance wages unpaid

Good news and bad news. Good news is that if you have an acknowledgment of the amount due you have proof of the debt and you can sue for the money owed. The bad news is that you might have to venue the case in New York in order to get a judgment on the issue. Depending on the amount at issue it may or may not be worth your while to enforce your agreement. Let me know if there's anything I can do to help you out.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 7/17/06, 11:05 am

Re: Freelance wages unpaid

You can sue to enforce your contract. Your e-maisl are proof of the contract (price to be paid for services rendered) and the work was done. Contact an attorney in your hometown and talk to him about filing suit in WI; your agreement may be subject to the laws of your home state since that is where the work was performed.

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Answered on 7/15/06, 12:47 pm


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