IC with shorted paycheck

[big ed mustapha]

i'm a fl independent contractor(although the ic status is questionable,imo) who was terminated recently.i just got my last check with what i believe to be unreasonable witholdings. i want to sue but the check is marked 'actual owed for xx/xx/01 & xx/yy/01 (paydates)'. can i cash this check or would it be some sort of admission that the amount on the check is correct?

 

[racer72]

The cashing of a check is not have any legal standing. The US Supreme court ruled that the cashing of a check or other financial document does not imply any contractual agreement. This was based on a scam credit card companies used in the 1980's, send out checks and make cashing the checks an acceptance of the credit agreement. The decision was expanded to include all checks, not just those issued by credit card companies.

Your first step though should be to contact the payroll department and have the withholding amounts explained. It could be there was a mistake made.

 

[big ed mustapha]

can you give me more info on the supreme court decision? case # or other reference

 

[big ed mustapha]

i looked at the ussc's site but couldn't find anything even near point. boy, they hear a lot of cases. can ANYONE help me with this?