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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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I was hired as an independent contractor. Before I was terminated,

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I was hired as an independent contractor. Before I was terminated, I accrued some fees that were owed to me. Initially I received a summary calculation of the amount that was owed to me. However, for reasons unbeknown to me the employer refused to pay. I'd like to know which statutes or laws in CA that I can research surrounding the recovery of this amount.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Question: were you paid with a 1099? In addition, what type of work were you doing?

Customer:

yes I was paid as a 1099

Customer:

business development

BizIPEsq. :

Generally speaking, unlike employees there is no statute that protects independent contractors from unpaid debts.

BizIPEsq. :

do you work through an LLC/s-corp or did you get paid directly?

Customer:

i was paid as an individual

Customer:

so, directly.

Customer:

if that is the case, then are you saying i would have to collect the debt as a general breach of contract ?

BizIPEsq. :

that was my next question. Is there a contract?

Customer:

oral agreement. However, it's a recurring monthly payment that had been going on for a few months.

Customer:

and, by their own admission they state they owed me the amount.

Customer:

(via email communication)

BizIPEsq. :

excellent

BizIPEsq. :

if the amount is under $10k then it's as simple as filing an action in small claims court. You do not need an attorney and the rules are relaxed. The email admission is very important

BizIPEsq. :

before you sue, though you should consider writing a formal demand letter and giving them a last chance

Customer:

its over 10k

BizIPEsq. :

how much?

Customer:

and attempts have been made extensively and this is part of a larger litigation

Customer:

about $50

Customer:

k

BizIPEsq. :

in this case then you would need to go to superior court. In addition, I'm afraid that you will have to hire an attorney or you'll quickly get lost in the process or their attorney will outmaneuver you. The good news is

BizIPEsq. :

that the amount is low enough in that protracted litigation will not be economical so the chance of settlement are relatively good

BizIPEsq. :

since attempts have already been made I would not beat around the bush and retain an attorney and serve them with a complaint

BizIPEsq. :

often times the mere service of a complaint and the reality that they would need to pay $5k-$10k in legal fees as a retainer sways defendants to settle

Customer:

thanks

BizIPEsq. :

you are welcome

Customer:

i have retained counsel already, i just want to do some research on my own to be able to ask intelligent questions

BizIPEsq. :

that was a good idea.

Customer:

so what you are saying is that i would have to take this to court on a 'regular' breach of contract, yes?

BizIPEsq. :

breach of contract, unjust enrichment and quantum meruit come to mind

Customer:

okay

BizIPEsq. :

i'm sure your attorney will come up with additional causes of action

Customer:

thats all i needed, thank you.

BizIPEsq. :

you're welcome

BizIPEsq. :

please rate my service

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