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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I worked as a subcontractor company in Poway

Customer Question

Hello,I worked as a subcontractor for a company in Poway from Dec 21, 2015 to Feb 5, 2016 and I was paid for all the times submitted for all the times except for the week of Jan 4 to Jan 8. They paid me my rate of $40/ hour for all other times. They have withheld this particular week from me, and got a email response today, that they are disputing the invoice and as I was not an employee but a contractor they reserve the right to dispute my invoice. They offered me only $500 to settle my work for that week, which well below the amount of $1760 agreed upon. What is my remedy? or should I just accept the $500 offer and leave it be?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 6 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. As a contractor, your remedy would be to file a lawsuit in small claims court for breach of contract, where you could recover the full amount of your bill assuming you can establish that you performed the agreed upon work and your employer has no basis to offset any portion of your earnings. You can also use the threat of a lawsuit as leverage to negotiate a settlement better than $500. Those would be your options if you do not wish to accept the amount that is being offered to you. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

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