How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawTalk Your Own Question

LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 28001
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
15277592
Type Your California Employment Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

Hi there, I worked for a client for 7 months on a contract

Customer Question

Hi there,
I worked for a client for 7 months on a contract through some vendor. This client terminated the contract suddenly and did not approve my Time & Expense sheets for last 5 weeks and client is saying that they would neither approve Time& Expense sheets, nor would they pay even for that time which was approved.
I guess, according to labor law, vendor is supposed to pay at least for that time period for which Time & Expense sheets are approved irrespective of end client pays to the vendor or not. Right?
I want to know particularly about the Time & Expense sheets which have not been approved. How can I get paid for this Time. I have all the email proofs that I worked for this client even for the time for which they are not approving Time & Expense sheets.
Vendor is saying that if he does not get paid by the client then he would pay me.
Please advise.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning Aditya,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If you were an employee of the vendor, and not an independent contractor, the you can make a wage claim against the vendor with the CA department of Labor, and get paid that way.

However, it sounds as though you may be an independent contractor and not an employee of any party, and if you were not an employee of the client, but a third party independent contractor, the employment law that protect employees do not apply to your situation.

However, as you had a contractual agreement with the client that they would pay you based on your invoices for time and expense, and now that they have refused, you may sue them for breach of contract and collect the money that is owed you.

If the amount owing you is less than $10,000, then you might consider filing a lawsuit against then in Small Claims Court for Breach of Contract. You will not need an attorney and you will get your trial in about one month.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

Customer: replied 1 year ago.

Hi Doug,


Thanks for your reply. I am not an independent but i am working for my own company which made a contract with the vendor and this vendor has a contract with Client.


So according to your answer ' I can sue the client'.


Can i (through my company) sue vendor or client even for the period for which my Time & Expense sheet has not been approved?


 


Thanks


Aditya

Expert:  LawTalk replied 1 year ago.

Good afternoon Aditya,

Thank you for the additional information.

As a person with your own company, you are one in the same as an independent contractor in terms of your legal rights and remedies. you must sue for breach of contract against the client that agreed to pay you and did not.

The suit does not lie against your vendor if they were not responsible under the law to pay you. You do not get damages for the failure to timely pay either unless you have a written contractual agreement with the client which specifically gives you that right.---I am sorry. You may sue for the amount owed---nothing more.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

Customer: replied 1 year ago.

Doug,


My company's contract is with the Vendor and not with the client. So in this case, as you suggested, i can sue Vendor for not paying about the work for which Time sheets were not approved. Right?


Can my company get paid for the time for which Time sheets were approved irrespective of the Vendor is paid by the client or not? Can i sue Vendor in this case also?


 


Thanks


Aditya

Expert:  LawTalk replied 1 year ago.
Hi Adiya, good afternoon,

If your contract is with the Vendor, then yes, you sue the vendor---not the client. Your contract does not premise your right to payment on the ability of the vendor to collect, I would presume. Therefore the vendor being paid is not your problem. You may sue them nevertheless.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug
Customer: replied 1 year ago.

Hi Doug,


 


Thanks, XXXXX XXXXX replied all my questions. I guess this is the last one:


 


My company is based in Texas. Vendor is also based in TX.


Client is based in CA. So Labor laws for which state applies? Does it make any difference to your answers you replied above?


 


Thanks


Aditya

Expert:  LawTalk replied 1 year ago.
Good afternoon Aditya,

Labor law does not apply to this transaction because you are not an employee.

However as your vendor is in Texas and you are in Texas and your contract is with your vendor---you cause of action---the lawsuit---must be filed in Texas as well.

You will still be able to get the same damages that you would in CA.

Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug
LawTalk, Attorney
Satisfied Customers: 28001
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Aditya. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.
Customer: replied 1 year ago.

Hi Doug,


I have one more question based upon what your advice and the contract document between my company and the vendor. I have pasted few lines from the contract.


"Subcontractor shall be compensated for Services rendered under this Agreement as set forth in the Work Orders. Upon receipt of a satisfactory invoice and documentation, Expedien shall pay such invoice within thirty (30) days of acceptable invoice for such Services, subject to set off where the Client shall refuse to pay for any Services performed by Subcontractor personnel because of any issues related to the Subcontractor personnel. Other direct costs, as may be authorized in a Work Order, including authorized travel, shall be compensated at cost without profit, fee or other mark-up. All costs must be reasonable in nature and amount and subject to Expedien and Client approval. All travel costs must be incurred in accordance with the terms and conditions of the Client’s Joint Travel Regulations (or Client’s other travel requirement), as such define acceptable modes of transportation, allowable expenses and applicable per diem rates."


 


Q1.)So based upon above lines from the contract, can vendor hold the payment if client refuses to pay?


Q2.) According to contract i was supposed to get 2 weeks notice for my termination from the vendor, which they did not give. So is this a breach of contract? Can i compel vendor to pay me for my work because this is a breach of contract from their side?


 


Thanks


Aditya


 

Expert:  LawTalk replied 1 year ago.
Good evening,

I will have to look at this tomorrow. It is already 9:30 where I live, and i am spending time with my family.

Have a great evening,

Doug
Customer: replied 1 year ago.

No worries, please have a good night.


 


Thanks


Aditya

Expert:  LawTalk replied 1 year ago.
THANKS!
Expert:  LawTalk replied 1 year ago.
Good morning Aditya,

You say that the contract language above is between your company and the vendor.

1. The language you now provide seems to allow the vendor to withhold payment to you based on an event where the vendor's client withholds payment to them on your invoice based on some "issues with subcontractor" (you). I have to say that this language is so incredibly vague that it defies logic. It says nothing about what might constitute a legitimate issue. Could it be an issue that you smiled at a manager at the client's place of business and the manager took offense? Do you have to botch a job or kill someone? But yes, with this language the vendor could argue that they don;t owe you money not paid to them by client because client had issues.

2. If, you were contractually supposed to get 2 weeks notice, and if you didn't get that, then you may sue the vendor for breach, yes. As for suing for your invoice if the client didn't pay it because of issues---that will make your lawsuit more complicated. But if you want your money, you have little choice but to sue.

Doug

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    888
    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    334
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3755
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 
Chat Now With A California Employment Lawyer
LawTalk
LawTalk
Attorney at Law
937 Satisfied Customers
I have 30 years of experience in the practice of law, including employment law and discrimination law.