Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Do you have a written contract for your payment?
Does the contract specify what your payment rights are and does it say anything about payment rights after termination?
Hi, I had a contract when i first started but it has expired and i have not renewed it. The contract did specify how much I am to be paid for each insurance or self pay. I have been working without a contract since October 2008 and they continue to pay me and handle things the same according to the old contract. I do not want to sign another contract as they want me to agree to stay on for another year and also don't want me to open up my own place for 1 year after the contract is up.
I also get a list of all my clients and what is owed to me every month by the clinic. So basically, when i get my paycheck they also print out my aging report which shows each client, how many hours i have billed, what was paid to the owner of the clinic and what is still owed to me. I get those every month so I have approx 16 of those proving what work i did and what im owed in the clinics own records.
An employer, whether of an employee or an independent contractor, is required to pay those they hire for all hours worked at the rate of pay they have arranged or agreed to between them. A failure to pay for amounts which are agreed to be due (through a writing or a verbal statement) will allow an unpaid person to file a court suit to obtain payment. Court suits can take time, but as long as one can prove that they are legitimately owed money for services, then a person may file a claim for unpaid amounts or a breach of contract to be paid for work (which may be verbal, written, or supported by business practices). Nothing in a court is guaranteed and a party may always claim defenses, such as quality of work or other things, but the claim for payment may be made.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).