payment for work performed

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My employer entered into a contract with a company who was to evaluate our software product. As a part of the contract, my name was specified as the receipient of a monthly fee for setting up the product at the evaluating company. After 1 month and three weeks the evaluation was canceled. My monthly fee was billed and they paid my company. The president of my company, when negotiating the contract, told me that I would receive the fee. Just prior to the cancellation of the evaluation, I was terminated but was told that should the project continue, I would be hired as a contractor and would receive a direct pass thru of the fee. The evaluation was terminated. Now I am told that I have no rights to the fee that I earned. I feel that since I performed the tasks as required, that I was specifically mentioned as recipient of the fee in the contract, was told by the president that I would receive the fee, and worked overtime in the performance of my duties, beyond installing the system, I have a legal right to the full amount of the fee that was billed.

 

[ALawyer]

If you think so take them to small claims court or get a lawyer to file suit -- or at least send a demand letter -- if the amount is substantial.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com

 

[Attorney_Replogle]

Rather than going to small claims, I would suggest that you make a claim to your state department of labor. They are the state agency that is responsible for enforcing wage claims. This situation was basically that you do work, and then you get wages. The wages were mentioned in the contract. The employer has received those wages and now refuses to pay you them. That is against the law. In California, the employer could be subject to a waiting penalty of up to 30 days of that employee's salary. That is to say, the employer could be forced to pay you for 30 days, plus the back wages.

You should consult an employment law attorney near you though since there may be something else involved here. I say that since it is very unusual for an employee to be specifically mentioned in a contract like that. You can find an employment law attorney near you at attorneypages.com

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Mark B. Replogle