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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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If your an independent contractor is it leagal person paying

Customer Question

If your an independent contractor is it leagal for the person paying you to take money out of your check and not even tell you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If you are an independent contractor, your rights are limited to whatever is stated in your contract and by what rights the law generally confers on the parties of a contract. Generally, it would be illegal to take out money from a contractor's check unless the contractor consented or the parties' agreement specifically allowed for such a deduction. In all other circumstances, the employer would need to go through the court system rather than simply offsetting what they "believed" they were owed.

I hope that you find this information helpful.

Customer: replied 1 year ago.
It's kind of a messed up situation I'm a caregiver, the lady doing this before me became very ill, and was an is hospitalized the bedroom door was locked and all her belonging were in the house so I did not unpack my car. That was April 7th and I asked when her daughter would be cleaning out her things I was told she paid rent till May 15. Then when got my check the end of May I had paid the last half but they took out the first half without telling me
Customer: replied 1 year ago.
My contract says I make x amount of money a year
Expert:  Patrick, Esq. replied 1 year ago.

Small claims court would be one option. But very often independent contractors are misclassified as such and should actually be employees. If you should be classified as an employee, then the deduction from your wages is illegal and you can file a wage claim, which is an easier (and free) process compared to a lawsuit.

You can read about the distinction between contractors and employees here. It's not up to your employer to decide how you are classified, it's a function of your job duties. If you think you can argue that you should be an employee, filing a wage claim may be much easier than a lawsuit in small claims court.

I hope this helps.

Expert:  Patrick, Esq. replied 1 year ago.

If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Very best wishes.