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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 55423
Experience:  Licensed attorney helping employers and employees.
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I was a contract employee working remotely. I am in NC.

Customer Question

I was a contract employee working remotely. I am in NC. Agency employer is h'qd in Indianapolis, IN. The client is located in Milwaukee, WI. I was working on a very specific project. First week my client manager and I agreed on a 4 mos deadline or approx. Nov. 1. It had a possibility of going longer, but was the goal. Approx 4 weeks ago my mgr had a mtg w/Executive board. They decided to up the deadline to Oct. 16. Up to that point I had received only positive feedback. I had continually offered my mgr the opportunity to look at my work. He refused every time. I even initiated a weekly meeting to go over any issues, etc.
This was an extremely difficult project. They brought in a contractor because no one in the company could do this. There were files that I needed but couldn't access. Two employees who were assisting me with getting info both quit in early to mid September.
During the last two weeks on this assignment I was allowed to work overtime and was told by my employer and the client to work as much as I could to get this done. I worked 68 the first week and 65 the second. My manager informed me on October 16 that if it weren't complete by 3 p.m. That day to stop working on it. Unfortunately I had made strong headway, but was unable to completely solve the issue.
For the last two weeks, the client only approved 40 hours of my work accusing me that I had done nothing for them.
In the employment agreement that I signed it states that if the client doesn't pay, then I don't get paid. Additionally, at the completion of the contract I was supposed to receive a bonus equaling $5 for every hour that I had work for the entire time that I was there.
So, my last day was last Friday. I received a paycheck yesterday for 40 hours. The client is refusing to approve/pay for the worked hours and my employer says that they aren't liable so they don't owe me anything. My rate was $65/hr.
Do I have any recourse to get paid for these worked hours? Thanks in advance for your help.
Kind Regards, *****
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

Reviewed your facts. You are entitled to recover for work performed and not paid.

Expert:  Infolawyer replied 1 year ago.

You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the Labor board. You can threaten these options before pursuing and use for leverage. local counsel can also get involved!

Expert:  Infolawyer replied 1 year ago.

I wish you the best. I trust the answer has been helpful. kindly let me know.

Customer: replied 1 year ago.
Thanks for the information. Just quickly, this needs to be pursued in Indiana, correct? Also, since they are trying to hold onto the clause in the contract about not being liable to pay, what is a good response to that? Is there anything that I can cite to push back on them. I think they feel like if they bring up that they need to discuss it will there corporate legal counsel that that will make me back down. Thanks again.
Expert:  Infolawyer replied 1 year ago.

It would be in Indiana. The argument is that work was performed and you need to be paid for it. There is a contract and equity basis due to work performed and benefit obtained.