Employment Law

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I have been working for a company for almost a year now as…

Customer Question
I have been working...

I have been working for a company for almost a year now as not only a manager and a bartender that I do receive hourly wages for but also as independent contractor for graphic design, marketing and advertising. This work is done from home and has nothing to do directly with the company. I create and design all their ads for promotions, as well as meet time sensitive deadlines for several magazines this business advertises in. This compensation has been paid separately and in the form of a check that I pay my own taxes on. The employer has recently taken in additional partners and they now refuse to pay me the salary I've been getting. It has now been a week since pay day and still nothing. What can I do legally

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time

Submitted: 8 months ago.Category: Employment Law
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Answered in 4 minutes by:
9/15/2017
Employment Lawyer: Loren, Lawyer replied 8 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 37,821
Experience: More than 30 years in legal practice.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Employment Lawyer: Loren, Lawyer replied 8 months ago

Just to clarify, are they refusing to pay for work you have already done, or are they terminating the future graphic design services?

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Customer reply replied 8 months ago
refusing to pay for work already done. And expecting me to meet current deadlines
Employment Lawyer: Loren, Lawyer replied 8 months ago

Thank you for the additional information.

Presuming you have no written agreement, the owners are free to terminate the services going forward at any time. What they can not do is refuse to pay for work already done or work in progress. That is a breach of contract and you can sue them to recover what is owed.

Assuming the claim does not exceed $5000, you can sue them in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Employment Lawyer: Loren, Lawyer replied 8 months ago

Did you have further questions? Please let me know if I have answered your question satisfactorily?

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Employment Lawyer: Loren, Lawyer replied 8 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Loren
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Category: Employment Law
Satisfied Customers: 37,821
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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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