Legal Question in Civil Litigation in Texas
contract employee collecting unpaid fees
my dauther and her partner have partnership that contracts with a Medicare provider to provide computer training an receational theraphy for disable .the company is paid from the state when service are rendered and by contract pays the provider net 30 days.My dauther accounts are continuely running 60 90 days or more Now my dauther has sent a letter canseling the contract for cause and want to sue for the money in small claims. the ammount over 30days is 4800$ within the $5000. small claim limit. can she sue for what is past due then sue agian for additional $4800 invoiced but not past due when it become past due as a way to get arround the $5000 small claim limit. Further this company does this to other contract employees as a matter of course the net net effect is that clients are shortchange by the constant churning of the care provider.do you think this may be a case of medicare fraud and as such something to be directed to the Federal Department of Health and Human Services Fraud Division
1 Answer from Attorneys
Re: contract employee collecting unpaid fees
If an individual is aware of a company that makes false records or statements to get a fraudulent claim paid by the government (i.e. Medicare fraud), the Federal False Claims Act, the individual may sue on the government's behalf and share in the proceeds of the suit.
If a worker is an independent contractor, she is not entitles to overtime under FLSA since employers are required to pay overtime only to "employees." Ofen time, these "independent contractors" are in reality employees who are entitled to overtime and other benefits.
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