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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110501
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A company I worked all employees, 6 total, to

Customer Question

A company I worked for required all employees, 6 total, to be subcontractors.
After some time they begin to have financial problelms.
Presently they owe me $240,695.44.
Although they have plush offices in Bellevue, Wa, they can’t seem to pay me.
I am no longer working for them.
My question is should I or can I bill them each month, adding 1% interest.
Ron Bingel
Submitted: 5 months ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your first step is that if you were truly an employee in that you were doing the business of the employer and they directed and supervised your work and provided tools and means to do your work, is to file a misclassification complaint with the US Department of Labor Wage and Hour Division or the WA Department of Labor Wage and Hour Division.
Other than that, you would have to file suit against them for breach of contract and you cannot add in any interest unless your contract with them called for interest on any unpaid balance. So you have to sue for breach of contract to seek damages from them in the amount of the money due if the department of labor does not find you were actually an employee and in that case they will assist in pursuing your wages or you can then sue for non-payment of wages and sue for up to triple the amount due plus attorney's fees.
Those are your options.

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