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Do you know can you legally withheld travel in money if a…

Customer Question
Do you know can...

Do you know can you legally withheld travel in money if a contractor it goes to a job and works a few days and then gets fired or quit

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

Hr

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will and non union hourly they are contractors were a staffing company

Submitted: 2 months ago.Category: Legal
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Customer reply replied 2 months ago
We didn’t have them sign an assignment letter that said if they quit or got fired before the job is over the traveling money we have already paid would be deducted from their last check if that helps
Customer reply replied 2 months ago
It was a 6 to 9 day job and they were paid 364 travel in some only lived a few hours away
Customer reply replied 2 months ago
Sorry I meant they did sign an assignment letter that said we would deduct it back
Answered in 23 minutes by:
5/27/2018
Lawyer: retireddebra,
 replied 2 months ago
retireddebra
Category: Legal
Satisfied Customers: 106,020
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: retireddebra,
 replied 2 months ago

I am sorry to hear of this difficult situation.

Are you saying this was not discussed ahead of time at all?

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Customer reply replied 2 months ago
it was It’s in an assignment sheet that they signed when they excepted the contract that if they left or got fired we would deduct their travel and pay that they’ve already been paid and they would not get paid their travel out
Customer reply replied 2 months ago
I can’t call right now anyway I just need to know if they signed the sheet and initialed those details I can actually withheld it since they agreed to it
Lawyer: retireddebra,
 replied 2 months ago

If they agreed to it then there is nothing to be concerned about. As they were not employees they are not covered by the Employment Standards Act and what sets the rules is the contract.

So they've agreed and therefore there is no reason not to deduct what they owe you from what you are going to pay them.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 2 months ago
They do get A w2 we are a staffing agency they were on a six day job for us That’s why I make them sign the agreement per each job o don’t know if that matters
Lawyer: retireddebra,
 replied 2 months ago

Wait. Are you in the US? The question is on the Canada law list. But my son goes to school in the US and he gets a W2.

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Customer reply replied 2 months ago
I am in the us jeez did I sign up for the wrong thing
Lawyer: retireddebra,
 replied 2 months ago

That's OK.

I will simply ask the site to move this question to the US law list. You don't have to do a thing except wait for it to me moved and for another expert to answer.

Enjoy the rest of your weekend.

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Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,774
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to Justanswer! I will be further assisting you with your post.

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Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Your Question:

Do you know can you legally withheld travel in money if a contractor it goes to a job and works a few days and then gets fired or quit

Response: Unfortunately, no you cannot do that. Even if the contractor quits or is fired, he must be paid travel money as stated in the agreement. Otherwise, the contractor can file lawsuit for the money.

<p style="margin-top:2.7pt;margin-right:0in;margin-bottom:2.7pt;margin-left:
0in;line-height:13.6pt">I am sorry that I do not have better news for you. However, as an Attorney and an Officer of the Court, I have ethical and professional obligation to provide you with accurate and honest information eventhough that information may not be in your favor. <p style="margin-top:2.7pt;margin-right:0in;margin-bottom:2.7pt;margin-left:
0in;line-height:13.6pt"> <p style="margin-top:2.7pt;margin-right:0in;margin-bottom:2.7pt;margin-left:
0in;line-height:13.6pt">Best wishes,<p style="margin-top:2.7pt;margin-right:0in;margin-bottom:2.7pt;margin-left:
0in;line-height:13.6pt"> <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">

Thank you for your cooperation.

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Customer reply replied 2 months ago
It does state in the agreement they all signed it they quit and are fired they are forfeiting their travel pay. The reason we include this is because a lot of times guys used to not sign one go across country get paid and never show up at the job lol. So now everyone signs an employment assignment sheet that stay for the length of the contract quit/get fired they forfeit it and if they were already paid travel in money it will be deducted back from their last check. The verbiage changes depending upon length of contract if they are there for six months and leave after three they just don’t get paid travel out, this contract was 8 days so it included the travel in and out in it
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Thank you for the additional information.

If you have forfeiture provision in the agreement, then you can withhold the travel money.

Best wishes,

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