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Independent contractor question

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kantfademe1

Junior Member
I live in Ohio and work as a rural route delivery driver for my local newspaper. I am an independent contractor. I want to quit but my contract states that if I quit without 30 days notice they keep my last paycheck. I was told by a local business owner that this is not legal. I need to know if it is or not. I want to quit because a few months ago they made me sign a new contract that made me take a large paycut. They said if I didn't sign that they'd end their contract with me and I'd be out of a job. Also my contract states that I have until 5pm to deliver my papers. They just recently started complaining that I should deliver my papers earlier even though there always delivered before 5pm. Yesterday they threatened to fire me if I didn't deliver them earlier from now on. I have been with them for almost 2 years and they've only complained about this the past 2 weeks or so. To me this sounds like there overstepping their bounds and treating me like an employee when I am not. Please let me know if they are allowed to keep my last check or not. I have another job opportunity that I plan to take but I would really like to not miss an entire paycheck. Thanks so much! Oh, and if there's a page that you can link me to that shows the laws pertaining to this so I could show them to the newspaper I'd appreciate it.
 
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justalayman

Senior Member
I would have to guess they make the claim to the paycheck as it would be a burden on them to find somebody at such short notice to replace you. As such, the retention of payment would not be out of place.


as to telling you to make deliveries earlier: as long as you are meeting the agreement set forth in your contract, you can tell them to take a hike. If they attempt to unilaterally terminate the contract, you might actually have a claim against them. (depending on a lot of details not disclosed here)
 

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