California Employment Law
California Employment Law Questions Answered by Legal Experts
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
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?
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
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, 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?
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?
No worries, please have a good night.
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