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Independent Contractor Not Paid

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patty16

Junior Member
What is the name of your state (only U.S. law)? Georgia

I work as an independent contractor for a well known national business. They have had financial issues in the past but now they are at an all time low. They currently owe me about $4,000 from late invoices. They made false promises and continue to ignore all forms of communication. I have been patient but they are still conducting business and refuse to even talk about paying.

Is this a small claims court claim? Is there a minimum amount of time I have to wait to take them to court? I have e-mails showing they received the invoices, e-mails with mentioning of when checks are sent out from invoices, etc. I don't even trust them to write me a check as in the past I have had two checks bounce from them.

What can I do to handle this professionally and quickly?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Georgia

I work as an independent contractor for a well known national business. They have had financial issues in the past but now they are at an all time low. They currently owe me about $4,000 from late invoices. They made false promises and continue to ignore all forms of communication. I have been patient but they are still conducting business and refuse to even talk about paying.

Is this a small claims court claim? Is there a minimum amount of time I have to wait to take them to court? I have e-mails showing they received the invoices, e-mails with mentioning of when checks are sent out from invoices, etc. I don't even trust them to write me a check as in the past I have had two checks bounce from them.

What can I do to handle this professionally and quickly?
You can file a complaint with the Wage and Hour Division of the US DOL (http://www.dol.gov/whd/regs/compliance/ca_main.htm) or you can file a lawsuit to collect on what is owed or you can speak to a Georgia employment lawyer who can file a suit on your behalf.
 

quincy

Senior Member
I don't understand why you feel that any employment-related avenues are available in this situation :confused:
Probably because I didn't read the original post very carefully. :p

Okay. To revise: cross out my first suggestion and go with the second two suggestions (minus the "employment" adjective in front of lawyer).
 

adjusterjack

Senior Member
I don't understand why you feel that any employment-related avenues are available in this situation :confused:
Probably because many who post here as independent contractors turn out to be illegally misclassified.

What do you do for this national company as an independent contractor?

If you do turn out to be misclassified the state Department of Labor will have a better chance of getting your money for you.
 

quincy

Senior Member
Probably because many who post here as independent contractors turn out to be illegally misclassified.

What do you do for this national company as an independent contractor?

If you do turn out to be misclassified the state Department of Labor will have a better chance of getting your money for you.
I think what Zigner was referring to, and what I didn't catch until a re-read of the original post, is that this is not an employment or an independent contractor issue but it appears instead to be an unpaid invoice issue. The "well known national business" has failed to pay submitted invoices (except with two bounced checks).

I think that, once patty16 collects on what is owed, s/he would probably be smart to stop doing business with the business.
 

eerelations

Senior Member
I think that, once patty16 collects on what is owed, s/he would probably be smart to stop doing business with the business.
And I think the best, fastest way patty16 can collect what she is owed is by filing a small claims court action.
 

LdiJ

Senior Member
I think what Zigner was referring to, and what I didn't catch until a re-read of the original post, is that this is not an employment or an independent contractor issue but it appears instead to be an unpaid invoice issue. The "well known national business" has failed to pay submitted invoices (except with two bounced checks).

I think that, once patty16 collects on what is owed, s/he would probably be smart to stop doing business with the business.
While I totally understand the point you are making, if the OP was misclassified as an Independent Contractor then it completely changes the issue from one of unpaid invoices, to one of unpaid wages.

A company who is misclassifying employees can get clever and make them submit invoices to get paid. Submitting invoices does not make then independent contractors if they have been misclassified.

I think that the OP should research whether or not there is a chance of misclassification. If that is out of the picture, then it would be appropriate to file a small claims case.
 

quincy

Senior Member
While I totally understand the point you are making, if the OP was misclassified as an Independent Contractor then it completely changes the issue from one of unpaid invoices, to one of unpaid wages.

A company who is misclassifying employees can get clever and make them submit invoices to get paid. Submitting invoices does not make then independent contractors if they have been misclassified.

I think that the OP should research whether or not there is a chance of misclassification. If that is out of the picture, then it would be appropriate to file a small claims case.
Well, whatever the case happens to be, the options are pretty much the same. Patty16 can contact the DOL (referring to the link provided earlier) and/or patty16 can file a small claims lawsuit or have an attorney file a lawsuit on her behalf.

Here is a link to filing a small claims suit in DeKalb County, should small claims be the option chosen (patty16 can search for the proper county court): http://www.dekalbcountymagistratecourt.org/civil/file-a-small-court-claim.asp
 
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patty16

Junior Member
Thank you all for the responses.

As for the type of work I do, it's professional instructing to this businesses' "students." They don't give me a set schedule, I pretty much sign up for days I can work when they have events. I'm being vague as I don't want to give a lot away but after looking through a lot of the articles on misclassified employees, it seems I would be labeled an independent contractor still so small claims court is probably my best bet.

I agree once I am paid I will cut off future work with this company.
 

adjusterjack

Senior Member
Thank you all for the responses.

As for the type of work I do, it's professional instructing to this businesses' "students." They don't give me a set schedule, I pretty much sign up for days I can work when they have events.
Are you self-employed, in business for yourself, business cards? Do your perform these services for other clients on an invoice basis. Do you have business/professional liability insurance? Do you advertise your services. Do you file Schedule C and Schedule SE on your income taxes?

All of the above may support you being an IC. Just working part time might not.
 

patty16

Junior Member
Are you self-employed, in business for yourself, business cards? Do your perform these services for other clients on an invoice basis. Do you have business/professional liability insurance? Do you advertise your services. Do you file Schedule C and Schedule SE on your income taxes?

All of the above may support you being an IC. Just working part time might not.
I have business cards for myself and do similar services for other groups on an invoice basis as well, yes. I do not have business or liability insurance and I do not file Schedule C and Schedule SE on my income taxes but this is the first year where I have really done a lot of this work on a regular basis where it has been my sole form of income.
 

quincy

Senior Member
Thank you all for the responses.

As for the type of work I do, it's professional instructing to this businesses' "students." They don't give me a set schedule, I pretty much sign up for days I can work when they have events. I'm being vague as I don't want to give a lot away but after looking through a lot of the articles on misclassified employees, it seems I would be labeled an independent contractor still so small claims court is probably my best bet.

I agree once I am paid I will cut off future work with this company.
Thank you for the clarification, patty16. I agree that small claims is probably your best bet. And I think your decision to cut off future work with this company is smart.

Good luck to you in court.
 

patty16

Junior Member
Thanks, filed the paperwork today at the court house.

So I guess I sit back and wait now, I assume I don't tell the person I filed against them? Though I did threaten it last week I think he thought I was lying.
 

quincy

Senior Member
Thanks, filed the paperwork today at the court house.

So I guess I sit back and wait now, I assume I don't tell the person I filed against them? Though I did threaten it last week I think he thought I was lying.
The fact that you filed a lawsuit will not be a secret once the summons and complaint are served. :)

Good luck.
 

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