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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32186
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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Have worked 8 years part time for a friend as an independent

Customer Question

Have worked 8 years part time for a friend as an independent contractor. Because he was my friend, I didn't freak out if didn't pay me on time or fell behind. But we had a meeting when he owed me for 3 or 4 months and I asked him if I can transfer partial payments into my account. I am a bookkeeper so I know exactly when he had available funds. He agreed with yeah yeah yeah.....sure. Now when October came I thought he would pay the balance but after numerous attempts to collect via email, phone, etc....I figured I will continue to do what we agreed on. Now he is denying it all...........he owed me over $7000 from July to now I managed to get most of it, but now he is trying to reverse the charges....what can I do
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Tina replied 11 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What evidence do you have of the amount owed by this individual--e-mails, invoices, other evidence?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 11 months ago.

I have emails requesting for payment, and left voice messages. In 8 years never gave him an invoice because originally I was going to become and employee

Expert:  Tina replied 11 months ago.

I see. Thank you for clarifying this for me.

If you were an employee (the company dictated when, how, and where you worked), you could file a complaint with the state labor board which has the authority to investigate and aid in collecting the wages owed as well as penalties against the employer.

However, if you are properly classified as an independent contractor, then this would normally involve a breach of contract claim for which you would file suit in small claims court since those courts permit parties with claims for up to $10,000 to pursue legal action on their own without an attorney.

Here is a link which provides information on filing suit in small claims court:

http://www.courts.ca.gov/selfhelp-smallclaims.htm

I would typically first send a written demand letter to the company by certified mail indicating that if payment is not made within "X" number of days, legal action will commence. Such a letter is successful in prompting payment in some situations where the party wishes to avoid a lawsuit.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Expert:  Tina replied 11 months ago.
Hello again Anna,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.

I also wanted to make sure that you did not have any further follow-up questions for me with regard to the legal question I answered for you. If not, kindly provide a positive rating so I will be compensated for my time assisting you.
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina

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