Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

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: 23 days ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 23 days 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 23 days 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 23 days 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 23 days ago
retireddebra
Category: Legal
Satisfied Customers: 105,027
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.

Ask Your Own Legal Question
Lawyer: retireddebra,
 replied 23 days ago

I am sorry to hear of this difficult situation.

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

Ask Your Own Legal Question
Customer reply replied 23 days 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 23 days 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 23 days 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.

Ask Your Own Legal Question
Customer reply replied 23 days 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 23 days 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.

Ask Your Own Legal Question
Customer reply replied 23 days ago
I am in the us jeez did I sign up for the wrong thing
Lawyer: retireddebra,
 replied 23 days 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.

Ask Your Own Legal Question
Lawyer: Phillips Esq., Attorney-at-Law replied 22 days ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,998
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to Justanswer! I will be further assisting you with your post.

Ask Your Own Legal Question
Lawyer: Phillips Esq., Attorney-at-Law replied 22 days 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.

Ask Your Own Legal Question
Customer reply replied 22 days 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 22 days ago

Thank you for the additional information.

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

Best wishes,

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,998
21,998 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,642 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,059 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

43,763 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
How can I withdraw my annuity funds, held by my union, I am
How can I withdraw my annuity funds, held by my union, I am not 59 yet? It has other requirements,being out of work for 6 months, which does not apply to me yet . I have appealed and denied. A month o… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
Does contract law supercede existing law?
Does contract law supercede existing law?… read more
Winston Mortain
Winston Mortain
Doctoral Degree
342 satisfied customers
Is there a way to make "kickbacks" legal? What is the difference
Is there a way to make "kickbacks" legal? What is the difference between "kickback" and "commission"?… read more
loeblaw
loeblaw
Judicial Doctorate
1,629 satisfied customers
I am a contract employee of a contract company with a
I am a contract employee of a contract company with a government contract. I have concerns about how several positions on this contract have been "appointed" and not posted for all of us to apply for.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
I am H1B employee. I have a contract with a company which is
I am H1B employee. I have a contract with a company which is located in Florida.I am joining another company in MD. I want to consult about whether there is a clause of liquidated damages in my contra… read more
Bill Attorney
Bill Attorney
law
2,421 satisfied customers
A former employee signed a contract with a cleaning company.
A former employee signed a contract with a cleaning company. They are not performing to our satisfaction and we are terminating then. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
As a Temporary employee (13 week contract, plus two
As a Temporary employee (13 week contract, plus two extensions), my question is the contract. The contract says that callback pay is 1.5 wage for 2 hours when called in to work. My agency paid 1 hour … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
ONE YEAR CONTRACT AS EMPLOYEE WORK FOR CONTRACTS THAT ARE
ONE YEAR CONTRACT AS EMPLOYEE WORK FOR CONTRACTS THAT ARE SIGNED FOR YEARLY IN KENYA … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
I have signed a contract employee agreement that contains
I have signed a contract employee agreement that contains Non-Complete covenants. I need help understanding the limits of these covenants and whether or not a business venture I am considering may be … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,896 satisfied customers
I'm a contract employee but on the website as sales
Hi Pearl I'm a contract employee but on the website as sales director, and am supposed to participate in meetings. Can I refuse the meetings if I'm a contract worker? … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,768 satisfied customers
Is an employee handbook a contract in Oklahoma? I am not
I am not sure to say "at will" since I don't understand what that means; however, I was full-time. Is this something that yu are asking me to kook up in the employee handbook? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
I am a 1099 contract employee living on NC. I am contracted
I am a 1099 contract employee living on NC. I am contracted with a publishing company headquartered in Chicago. There are a lot of issues with this company. However, the most recent has caused me some… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
How enforceable are non-compete clauses in Michigan. It is
How enforceable are non-compete clauses in Michigan. It is a job that is somewhat similar but not exact. Linen and chemical sales and delivery to food, beverage and chemical sales.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Does first right of refusal apply to holiday schedule? tn,
does first right of refusal apply to holiday schedule? … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,460 satisfied customers
A famous New York City hotel, Hotel Lux, is noted is noted
A famous New York City hotel, Hotel Lux, is noted is noted for its food as well as its luxury accommodations. Hotel Lux contracts with a famous chef, Chef Perlee, to become its head chef. The contract… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
What is the legal status of an unrecorded Texas subdivision?
What is the legal status of an unrecorded Texas subdivision?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,169 satisfied customers
Is there a legal difference between the terms date of hire
Is there a legal difference between the terms "date of hire" versus "start date"?… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
How soon can you hire new employee after layoff
How soon can you hire new employee after layoff?… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 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