Legal Question in Business Law in Washington

Employment Law

I worked for a small web design corporation doing web designs and was not paid for the last two months of employment - at first they gave me checks that bounced then they just stopped paying. I resigned but agreed to continue doing web design for them as a contractor. They agreed to pay me $500 per month until they had repaid my back wages and to pay additionally for any work done as a contractor. They are in arrears to me for approximately $7000. Today they requested some more work on one of the many projects I have handled for them. I said I would no longer continue to work until I had received payment. They asked for all files associated with work I have done for them both incomplete and completed assignments. I refused to give them those files. What recourse do I have at this time to recover my back pay? And do they have any rights regarding the files I have worked on?


Asked on 9/17/08, 8:01 pm

2 Answers from Attorneys
Dan Harris Harris & Moure, pllc

Re: Employment Law

Washington laws on this are very favorable for employees. Generally, employees are entitled to double their wages, plus any attorneys' fees incurred in pursuing their wages. On top of this, company owners may be held liable personally for failing to pay wages. You should retain an attorney to demand immediate payment of your back wages and more.

As for your holding on to assignments, that is very complicated as it might well depend on who actually has rights to that work. It is not possible to answer that question without more facts.

Read more
Answered on 9/17/08, 11:08 pm
Thuong-Tri Nguyen Thuong-Tri Legal Services, PLLC

Re: Employment Law

One issue that may be relevant is whether you were an employee or an independent contractor.

If you are truly an independent contractor, Labor & Industries likely will not help you in getting what you are owed. You would have to handle any contractor's claim on your own or hire your own attorney.

An employer cannot just declare an employee to be an independent contractor. If a person fits into the employee classification, that person is an employee despite being called an independent contractor by the employer.

Filing a complaints with L&I is free. L&I will determine whether you are an employee or an independent contractor. L&I's website is at http://www.lni.wa.gov/ .

Read more
Answered on 9/18/08, 12:19 pm


Related Questions & Answers

More Business Law questions and answers in Washington