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 christhelawyer Your Own Question
christhelawyer, Lawyer
Category: New Zealand Law
Positive Feedback: 98.1 %
Satisfied Customers: 16293
Experience: LLB MMgt FAMINZ 32 years qualified as lawyer
Type Your New Zealand Law Question Here...
christhelawyer is online now
A new question is answered every 9 seconds

Hi I am an Independent contractor and have been told that

Resolved Question:

Hi
I am an Independent contractor and have been told that I will not be payed for my last week as I owe them around 70 hours

In my contract it states the contractor shall carry out in the first Schedule, it being agreed that the trust shall use the contractors services for 40 hours per week over the term of the Contract. The actual daily hours will be agreed with the project manager and will vary with the daily needs of the client and may exceed 8 hours on some days. Two days in each 7 days will be non working days and the actual non working days will be agreed with the project manager. hours additional to the 40 may be required and are to be discussed and agreed in advance with the project manager.

Now because I have not done the full 40 hours over the term of the contract do I have to pay them the money back??

Thanks

Carson Donaldson

Submitted: 1 year ago.
Category: New Zealand Law
Expert:  christhelawyer replied 1 year ago.


christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

Have you been paid in advance for those hors or are you just claiming the hours you have worked to date?

Customer :

I get payed for 40 hours per week for the contract but have not done the 40 hours

Customer :

and now that the contract is about to finish have been told that I will not get payed as I have not done the hours and I owe them..When i took on the contract it was agreed that i will be payed for 40 hours regardless if I do them or not but that was not put into contract

christhelawyer :

If they are claiming 70, does this mean that they say you have been paid for 70 hours, which includes this 40, plus another 30 you have not worked?

Customer :

It will be 70 hours all up so far that they say I owe

Customer :

I was under the under standing that i would be payed for 40 hours regardless

Customer :

I told them that it was not worth my while to do contract if this was not the case

christhelawyer :

Thae 40 hours may not be refundable under that arrangement but the other 30 hours may be. Why did they pay when you had not done the work?

Customer :

a

christhelawyer :

Can I help further? It would help if you explained the 30 hours.

Customer :

it seems that it was a wash up on the timesheet

christhelawyer :

That sounds a bit unusual-if they have overpaid you then you will need to refund the 30 hours, but the 40 hours are contestable if you were to get paid anyway.

Customer :

so if i was to get paid for 40 hours per week as per contract then I owe them nothing as I owe them no hours as contract says payed 40 hours a weeks

Customer :

sorry 40 hours a week

christhelawyer :

If you are a contractor and you are paid for 40 hours, but do not work those hours, then, apart from the agreement you would be paid for those 40 hours if you worked them or not, I expect you would either have to work the hours or pay this back. I may not understand what you mean, but this is different from being an employee, where you should be paid because the contract provides for this. As a contractor you have to actually work the hours.

christhelawyer, Lawyer
Category: New Zealand Law
Positive Feedback: 98.1 %
Satisfied Customers: 16293
Experience: LLB MMgt FAMINZ 32 years qualified as lawyer
christhelawyer and other New Zealand Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawNZ's Avatar

    LawNZ

    Other

    Positive Feedback:

    95.8 %

    Satisfied Customers:

    31
    Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.
< Last | Next >
  • /img/opt/shirt.png LawNZ's Avatar

    LawNZ

    Other

    Positive Feedback:

    95.8 %

    Satisfied Customers:

    31
    Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Positive Feedback:

    98.1 %

    Satisfied Customers:

    7555
    JD, BBA Over 20 years legal and business experience.
  • http://ww2.justanswer.com/uploads/paulmojd/2008-11-27_190909_paul_pic_2.jpg PaulMJD's Avatar

    PaulMJD

    Attorney

    Positive Feedback:

    98.1 %

    Satisfied Customers:

    27894
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Positive Feedback:

    98.6 %

    Satisfied Customers:

    17987
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Positive Feedback:

    97.9 %

    Satisfied Customers:

    8043
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Positive Feedback:

    99.3 %

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor