How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
12711280
Type Your Legal Question Here...
Delta-Lawyer is online now
A new question is answered every 9 seconds

I had worked company years as an independent contractor.

Customer Question

I had worked for a company for 15 years as an independent contractor. After being there almost 4 months, I was told my contract was up. However, I am still owed just over $13,000.00...how can I get my money, they have acknowledged they owe it, just not when they intend to pay.
This is not a small company, it a major insurance company in the US.
Wanda Melton (###) ###-####***@******.***
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

Wanda, I hope this message finds you well. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.

In handling a situation like this one, it is important to set the groundwork in your favor, just in case you have to file suit for your money and damages. The best way to do that is to send them a certified letter with a return receipt wherein you tell them who you are, what the issues are and what you are owed. Tell them that you would like to receive payment for what you are owed within a reasonable time (10 days) from the post mark. By taking this approach, you have placed them on legal notice of your claim.

If you have not received your funds in that amount of time, to make yourself appear ultra reasonable before the court later, send another letter in the same fashion...note that this is your second legal notice and reference the date of the previous letter. Tell them this is your last attempt to request payment before filing suit. Tell them that you do not want to have to litigate but you will be forced to due to their egregious breach of contract. Tell them you will be forced to seek attorney fees and punitive damages for their gross negligence in the matter. Give them another 10 days to respond.

Unfortunately, if they do not oblige (which most businesses do actually oblige) then you will have to sue them for breach of contract, gross negligence, and even perhaps fraud.

The fact that you have sent emails is good because it shows a record of diligence. That said, your certified letters will be even better evidence. When you couple these methods, they will not stand a chance against you in court. You will appear to be the individual getting taken advantage of by the big, bad company. The letters and emails will be great evidence for you.

Let me know if you have any other questions. I am sorry you are having to deal with this issue.

Please also rate my answer positively (4 or 5 stars) so I can receive credit for my work.

Best wishes going forward!