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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12614
Experience:  Significant experience in all areas of employment law.
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I'm a contractor for a business and under there contract

Customer Question

I'm a contractor for a business and under there contract they say all pay is considered under training the first 3 months and if you leave within the first 90 days it must be paid all back. Is that true?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 11 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 11 months ago.

As a contractor your rights are completely defined by the terms of your contract. So, if that's what you agreed to in your contract then it would typically be enforceable.

The question is whether you are properly classified as a contractor. If you are improperly classified as a contractor and should be an employee, your employer must pay you at a rate no less than minimum wage for all hours worked and any compensation structure which denies you that would be a violation of the law. Proper classification is not simply a matter of what label is used to describe the employment. Ultimately, it comes down to the degree of control the employer exercises over your work, with the greater degree of control making it more likely you must be an employee. See here for more information about the distinction.

If you can successfully argue that you should be an employee, then you would be entitled to minimum wage for all hours worked in the event your compensation was stripped from you pursuant to this sort of clause, as the clause would be unenforceable against you as an "employee."

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 11 months ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.