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Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience:  Worked with employment legal group in major national corp.
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I was hired as an independent contractor to deliver newspapers.

Customer Question

I was hired as an independent contractor to deliver newspapers. I worked for 6 weeks, I was paid for 3, I was supposed to get a weekly paycheck but there was a delay of 2 and a half weeks to get my first check. I received three checks, each for one week's pay. My contract was terminated on the day I was due a check and the check was never sent out. What can I do? I called the Dept. of Labor, they said they couldn't do anything because I was not an employee. Why am I not protected under any wage laws? I am one of many that this company has decided to just not pay and I don't understand how they can get away with it. What can I do? Thank you in advance for your help.
Submitted: 5 years ago.
Category: Employment Law
Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

Unfortunately, "independent contractors" are not "employees" and in some states departments of labor can only seek compensation claims for employes, not independent contractors due to the way the laws are written. However, independent contractors may, if they are not paid for work they have done, file a civil suit to obtain payment for the work they performed. Also, if this company is doing this to many it may also be possible to contact the state's Attorney General's office or office of consumer protection (in some states it is a separate office) to see if this falls under consumer deception and may be investigated by them.

 

 

Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience: Worked with employment legal group in major national corp.
Jane T (LLC) and 7 other Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
I was wondering if there was a law they are violating by doing this over and over. I will check with the AG office and office of consumer protection. Do I need an attorney to sue for wages? And would I be able to recover fees and court costs?
Customer: replied 5 years ago.
I was wondering if there was a law they are violating by doing this over and over. I will check with the AG office and office of consumer protection. Do I need an attorney to sue for wages? And would I be able to recover fees and court costs?

Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

There may be a violation of consumer protection or misrepresentation if they normally advertise jobs under certain conditions but then do not meet those conditions. A person may normally file cases themselves, particularly if the amount being sued for allows them to file in small claims court. Also, many courts today have "self help" areas and resources people can use to learn about the court system and to obtain the forms they may need to file. Whether courts costs may be obtained is something you may ask the court about.

 

 

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