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Legal Eagle
Legal Eagle, Lawyer
Category: Business Law
Satisfied Customers: 2957
Experience:  Licensed to practice before state and federal court
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We are a sub contractor cleaning company through FSA

Customer Question

Hello, we are a sub contractor cleaning company through FSA (Facilites Services of America) and we have not been receiving our pay as our contract states. When we have contacted FSA they are telling us we will get paid when Coca-Cola (the company we are sub-contracted to clean) pays them. Nothing in our contract states we should not be receiving our pay. Is there anything we can do? Our last paycheck we received May 8th, 2017
JA: What state are you in? It matters because laws vary by location.
Customer: Pennsylvania
JA: Has anything been filed or reported?
Customer: No we have no idea what to do You are the first person we have spoken to besides FSA & Coca Cola
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 10 days ago.
Category: Business Law
Expert:  Legal Eagle replied 10 days ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today.

This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. In your case, you will want to highlight the fact that your contract does not allow them to withhold payment until they are paid by Coca Cola. Accordingly, if they don't pay up, you can say that "the law allows you to bring a lawsuit for specific performance in the agreement." There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?