Legal Question in Civil Litigation in Washington

Not paid for work
My friend worked as an independent contractor in the State of Washington and was not paid for his final month of work. It is around $2000. What can he do considering he was a contractor? He does have proof that the person was supposed to pay him (an email from the person stating he would get paid.)

Asked on 2/17/09, 5:44 pm

Thuong-Tri Nguyen Thuong-Tri Legal Services, PLLC

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Re: Not paid for work

If he is really an independent contractor, then he would have to sue to get his money.

However, a lot of times, "independent contractors" are really employees incorrectly classified.

If he is an employee, Labor & Industries may be able to get his employer to pay his wages.

He can review the information available from the IRS ( www.irs.gov ) or L&I ( www.lni.wa.gov ) to see whether he is really an IC or an employee.

If he is an employee, his employer may have to pay attorney's fee if he wins a wage claim action and if his employer purposefully withheld his pay.

If he is an IC and the other party is in WA, he may file a claim in small claims court likely in the county where the other party is.

Answered on 2/17/09, 5:55 pm

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