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I had been doing some contract work with a company for the…

Customer Question
Hi- I had been...

Hi- I had been doing some contract work with a company for the past year and recently resigned. They are holding my last check and demanding that i complete various work before they will release it- what are my rights as an independent contractor?

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

Virgina

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

Im not really sure, I wasn't techincally an employee as it was contract....maybe at will?

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

I think thats it

Submitted: 10 months ago.Category: Employment Law
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Answered in 2 minutes by:
10/3/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,809
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Employment Lawyer: Law Educator, Esq., Attorney replied 10 months ago

The difference between an independent contractor and employee in this instance means that if they are holding payment until you complete work, you would have to file suit against them for breach of contract as this would not be a wage claim you could get assistance with from the department of labor. So, because you are a contract worker, you would need to file suit in court against them for breach of contract and prove that the work they want completed is not work that was under the contract you had with them and the money they are withholding is not for work you did not finish that they are demanding you complete.

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