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I have a friend/partner I did consulting for 2 days a week.

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Now we are at odds...
I have a friend/partner I did consulting for 2 days a week. Now we are at odds and he is sitting on 2 months of my invoices. I don't have anything in writing but it well understood I worked 2 days a week. Before I try to prove so would previous invoices show the trend and how do I challenge this outside of court then in?
Submitted: 8 months ago.Category: Business Law
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Answered in 9 minutes by:
11/11/2017
Business Lawyer: socrateaser, Attorney replied 8 months ago
socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 40,063
Experience: Retired
Verified

Hello,

There is no challenging the issue out of court, unless you want to claim that you should have been paid as an employee, rather than as an independent contractor. If you were an employee, then the friend/partner would have had to have control over the manner and method of your labor. This is a complicated legal analysis, and it's usually better to submit a complaint to the Department of Labor and Industry and let the agency determine your proper status.

If you feel you may be misclassified, you can submit a Worker Misclassification Inquiry form, or call 1-***-***-**** (option 3), weekdays from 8 a.m. to 4:30 p.m.

Otherwise, your only option is to file a lawsuit to recover the unpaid invoices. If your claim is for $8,000 or less, you can sue in small claims court without a lawyer.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 8 months ago
To prove my 2 days a week agreement would past i paid invoices for 6 months prove the court my partner and I had an agreement? It based on my at work so I can get proof through emails , login activity or whatever..is that needed?
Business Lawyer: socrateaser, Attorney replied 8 months ago

Yes, that's the sort of evidence I would use. A pattern of past work would be sufficient to show that you were routinely billing for the work done in the same manner.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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