Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I'm a 1099 contractor in Florida I was late in delivering…

Customer Question
Hi yes I'm a...

Hi yes I'm a 1099 contractor in Florida I was late in delivering services but they were completed can the company withhold my check?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I'm not sure what my rights are the company is not consistent in their organization

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

I'm not an employee I don't get paid hourly I get paid per session and I didn't have a written contact until after a year. I asked and have copies of the emails where I ask for them to rewrite the terms as they requested I work full time hours and with my schedule now I wouldn't be able to meet that requirement but I never heard back. Got the contact in Nov/ Dec asked for a rewrite in jan and no word since

Submitted: 1 month ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
3/23/2018
Employment Lawyer: legalgems, Lawyer replied 1 month ago
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified
I am sorry to hear this. Did the company accept the service or reject it because of timeliness?
Ask Your Own Employment Law Question
Customer reply replied 1 month ago
I'm not sure the service is mental health therapy with reciept of services being therapy noted. I was able to submit them but I have no way of knowing if the insurances they send them to were rejected or accepted they just said they were withholding my check until my next pay period
Customer reply replied 1 month ago
essentially mental health services were delivered but my notes were late
Employment Lawyer: legalgems, Lawyer replied 1 month ago

Thank you;

An independent contractor is not given the same protections as an employee so the contractor cannot file a wage claim for unpaid wages; rather the proper method is to file a small claims suit for breach of contract if the company fails to honor their financial commitment.

However if the work/receipts were submitted late and that is deemed a "condition precedent" to payment then that may delay payment for services until the next scheduled date.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
essentially if 10 out of 41 job receipts they can delay my whole check?
Employment Lawyer: legalgems, Lawyer replied 1 month ago
It would depend on the terms of the contract. Normally payment would be required when services are rendered, even if partially.
Ask Your Own Employment Law Question
Employment Lawyer: legalgems, Lawyer replied 1 month ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

Ask Your Own Employment Law Question
Customer reply replied 29 days ago
What if i dont have a written contract.
Employment Lawyer: legalgems, Lawyer replied 28 days ago

A contract may be oral or implied so there is no necessity that it be written. The court will look to the parties' prior arrangements/conduct and try to determine the intent of the parties.
There is also a legal doctrine called "quantum meruit" whereby a plaintiff can sue a defendant for services rendered and accepted on the basis that the defendant cannot unduly benefit from services and not pay for them. Generally the going market rate (whether hourly or piecemeal) is used to determine compensation.

I hope this helps!

kindly rate 5 stars to help maintain my customer satisfaction score. Thank you.

Ask Your Own Employment Law Question
Employment Lawyer: legalgems, Lawyer replied 27 days ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 12,570
12,570 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I suspect my employer has been playing with the wages. Is
Hello. I suspect my employer has been playing with the wages. Is there a way that someone could request an anonymous investigation? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have a question regarding the wages I'm paid for working a
I have a question regarding the wages I'm paid for working a 16 hour shift at my job in southern California … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I received a settlement agreement for a wage claim from the
I received a settlement agreement for a wage claim from the other side in addition to the one from labor commission. It is very broad in language and I need someone to verify what it says and confirm … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
My employer failed to pay me for two pay periods in which I
My employer failed to pay me for two pay periods in which I worked … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What is the statues of limitation on unpaid wage? Numerous
Yes! Numerous phone calls-messages were packed full. Letters were written. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
You were helpful for my question about wage parity in
Hello, You were helpful for my question about wage parity in February. I have a new question about discrimination. In January, a new job opportunity was announced at a team meeting for a position at o… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My employer is implementing a new minimum wage but not
Hi. My employer is implementing a new minimum wage but not applying veteran employee raises unless they find out and bring it up to HR. In some cases Employees never recieved the new min wage and were… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
The minimum wage for exempt employees has been changed to
The minimum wage for exempt employees has been changed to $913.00 per week. if a employee works for a company and that company has a partnership 50% in another company and he works for both companies … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
My employer is refusing to pay me my wages after my
My employer is refusing to pay me my wages after my promotion and I am afraid a claim will not be enough. The sad part is one supervisor was given his offer letter and pay back in December, while I wa… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Lucy - The SC DOL Wage Complaint form asks if Clamant
Lucy - The SC DOL Wage Complaint form asks if Clamant received written notification as required by SECTION 41-10-30.I looked up that section and cut and pasted it below.Since I'm his wife and we worke… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was visited by a wage and hour investigator from the us
Hello. I was visited by a wage and hour investigator from the us department of labor in Mcallen, Texas. He asked for 2 weeks payroll information and interviewed two of my employees. He spoke to my man… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,287 satisfied customers
Apart from breach of contract, when an employer a 1099
Apart from breach of contract, when an employer a 1099 independent contractor and provides information regarding policies and procedures (given months after a contract was signed) which must be follow… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
In the event I was to win a judgement for past wages due as
In the event I was to win a judgement for past wages due as a contractor, could I also file with the DOL considering there may be other employees in the same situation as I who are possibly misclassif… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
Is it required by Wyoming law to pay an hourly wage earner a
Is it required by Wyoming law to pay an hourly wage earner a higher wage if she substitutes for her supervisor when the supervisor is absent from work? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,780 satisfied customers
Wage lawyer.. Looking for advice only. Taking it very
No, looking for advice only. Taking it very cautious. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,826 satisfied customers
My employer never paid me for my last pay period. How can I
My employer never paid me for my last pay period. How can I go about pressing charges? I know he is already involved in criminal court where other employees have had the same issues.… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
My boyfriend's start up has not paid him for 3 pay periods.
my boyfriend's start up has not paid him for 3 pay periods … read more
Ray
Ray
Lawyer
Doctoral Degree
32,146 satisfied customers
My company is charging a fee of $20-30 per pay period if we
My company is charging a fee of $20-30 per pay period if we do not participate in their Biometric Health Screening. I choose not to give out my personal information so I have been paying this fee for … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x