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I am an independent hairstylist contracted by a Salon

I am an independent...

I am an independent hairstylist contracted by a Salon Servicing Company based in Pa They contracted with the Independent living facility where I work.From the beginning there has been a problem with their paying us . We have to fight with them to send us payment. We have asked the facility to intervene for breech of contract but to no avail. Our contract will soon be up and they still owe us 5 week wageCan we hold monies given to us toward monies owed to us until our contract is over.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I I am in Florida. The company is based in Pa but also here in Fl

Lawyer's Assistant: What steps have you taken so far?

Our contract ends April 12. We will work till then. We have texted and called and had the Accounts dept at the Facility also contact them . We told them if we did not receive all our backpay we would close down the salons. they sent 2 direct deposits for those owed for the first two weeks if March After this week they will still owe for three weeks plus this week making it 4 again

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

The facilities contract also ends the same dayThen we will have to leave the facility as we were hired by the Servicing Company

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Answered in 1 minute by:
4/11/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,424
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation. You're right, if they are failing to pay you on time, then they are engaging in a breach of contract. However, the problem is that unless the contract specifically says you can withhold money, then you aren't allowed to do so legally. Now, it is probable that if you did do this, the other party may sue for breach of contract against you; however, you could defend on the grounds that they have failed to pay and as a result, the court is likely to let you keep the money.

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Regardless, you or others could take it into your own hands to notify them what you're doing. What you could say is this appears to be a breach of contract based on the failure to perform within a reasonable time because they failed to make timely payment. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because all you need to do is click, purchase, and download. Click here to get started. ​What other questions did you have for me today?

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Customer reply replied 4 months ago
Thank you for your help. I have downloaded the breach of contract letter and will send that as well as follow your suggestions. I am hoping this will resolve this problem. I doubt it . This company has a reputation of doing this that is why they don't keep contracts with theses facilities for very long.

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