fired, now being charged for back complaints, against contract! HELP!!

What is the name of your state? CA

I was an independant contractor/newspaper carrier until yesterday when I was told via phone message I was terminated and that my paycheck for 9/23-10/6 would have charges for complaints from aug, sept & oct. The contract I signed says "Contractor will pay carrier for 14 calendar days wheras carrier has fullfilled obligations to deliver entire route for 14 days. All charges will be subtracted from each check issued to said carrier that occured during that 14 day period." That means she can't back charge me right? When I mentioned this to her she instructed me to take her to small claims court. I'm sending written notice to her and her boss about my concern and I have her phone message on tape. I just want what is owed, and I know small claims doesn't usually make them pay, what can I do? She says there probably won't be a check after all the fee's. Do I have a case? How long does she have after termination to pay me?

Thank you.
a grumpy JMB

jmbthatsme said:

What is the name of your state? CA

I was an independant contractor/newspaper carrier until yesterday when I was told via phone message I was terminated and that my paycheck for 9/23-10/6 would have charges for complaints from aug, sept & oct. The contract I signed says "Contractor will pay carrier for 14 calendar days wheras carrier has fullfilled obligations to deliver entire route for 14 days. All charges will be subtracted from each check issued to said carrier that occured during that 14 day period." That means she can't back charge me right? When I mentioned this to her she instructed me to take her to small claims court. I'm sending written notice to her and her boss about my concern and I have her phone message on tape. I just want what is owed, and I know small claims doesn't usually make them pay, what can I do? She says there probably won't be a check after all the fee's. Do I have a case? How long does she have after termination to pay me?

Thank you.
a grumpy JMB

Click to expand...

My response:

She has until the next pay period, or as per any contract provisions on the subject, to pay you.

You should consider taking this into Superior Court (Limited Jurisdiction) rather than Small Claims court. Your damages may be far greater than the mere loss of a certain amount for August, September and October. According to the contract, she can only subtract bonifide non-payments of your commission for the past two weeks.

Therefore, if she does penalize you for the past 3 months, I would consider suing her and the newspaper for "Breach of Contract", and for "Breach of the Implied Covenant of Good Faith and Fair Dealing."

That would shake her up.

IAAL