Quit contract job, with unfinished contract, employee don't want to pay and states:

[bmz]

California.

They stated: "Consultant will perform Services for the Company on a project basis on company’s overall business development and project management." Basically there was 2 things that needed to be done within 2 weeks. One thing I've finished off with a delay, because company kept modifying requirements during 8 days out of 10 business days that were scheduled for 2 things to complete. After 8 days into 2 week (5+5 work days) cycle I quit and second thing was not finished. Company owes me approximately $4,166 for two weeks minus 2 days (quit 2 days before 2 weeks is up). It's been right about 1 month after I quit and yet to see my paycheck. Can they do it? What should I do?

 

[Zigner]

Your first step is determining whether were an independent contractor or an employee. Look here for some guidance: http://www.dir.ca.gov/dlse/faq_independentcontractor.htm

If you were an independent contractor, then this is not an employment-law related question. You can sue in small claims court.

If you were an employee, then you can make a complaint to the state, or you can simply sue in small claims court.

 

[bmz]

1099 - independent contactor

 

[Zigner]

1099 - independent contactor

The fact that they call you an independent contractor and the fact that they intend to pay you and send you a 1099 at the end of the year does not necessarily mean that you are, in fact, an independent contractor. Please review the link I posted.

 

[bmz]

The fact that they call you an independent contractor and the fact that they intend to pay you and send you a 1099 at the end of the year does not necessarily mean that you are, in fact, an independent contractor. Please review the link I posted.

I looked it over. Apparently this line:
"The most significant factor to be considered is whether the person to whom service is rendered (the employer or principal) has control or the right to control the worker, the work to be done and the manner and means in which it is performed."
is exactly what was our relationship like. The only reason we had 1099, is because I did not want them to withdraw taxes for me, I rather pay it myself on my schedule. Every piece of work was directed by employer, not like I was assigned something and they forgot about me until project is due. Thats why 1 part of the project was delayed because they changed requirement couple of times during the course of execution.

 

[Zigner]

I looked it over. Apparently this line:
"The most significant factor to be considered is whether the person to whom service is rendered (the employer or principal) has control or the right to control the worker, the work to be done and the manner and means in which it is performed."
is exactly what was our relationship like. The only reason we had 1099, is because I did not want them to withdraw taxes for me, I rather pay it myself on my schedule. Every piece of work was directed by employer, not like I was assigned something and they forgot about me until project is due. Thats why 1 part of the project was delayed because they changed requirement couple of times during the course of execution.

Then you are definitely an employee and the employer is breaking the law by treating you otherwise.

 

[bmz]

Then you are definitely an employee and the employer is breaking the law by treating you otherwise.

So, what's the best course of action? What I am look at at this point? Does it matter that I quit before 2 weeks was up and 1 part was not finished?
Can I send them specific link from some labor law that states that they should pay me or something?

 

[Zigner]

So, what's the best course of action? What I am look at at this point? Does it matter that I quit before 2 weeks was up and 1 part was not finished?
Can I send them specific link from some labor law that states that they should pay me or something?

What happened when you asked them about your pay check? If they don't pay it, then you have two choices. You can either report them to the state and let them assist in collecting what is due, or you can sue in small claims court.

I am curious as to how you have arrived at the amount you feel they owe you.

 

[bmz]

What happened when you asked them about your pay check? If they don't pay it, then you have two choices. You can either report them to the state and let them assist in collecting what is due, or you can sue in small claims court.

I am curious as to how you have arrived at the amount you feel they owe you.

We agreed on 100k/year on 1099 that comes out to amount I've stated. When I asked about paycheck they replied with what I've quoted in my original message. Either option I'm thinking would take years, is there anything that I can point them to let them know that it's not worth the trouble and they should pay?

 

[Zigner]

We agreed on 100k/year...

What do you mean by "agreed"? Do you have a bonafide employment contract? I doubt it. In fact, I suspect that you are going to find that any "contract" you have is not going to be enforceable since it is blatantly against the law. As an employee, you can expect to make at least the state (or local) minimum wage.

 

[Zigner]

We agreed on 100k/year on 1099 that comes out to amount I've stated. When I asked about paycheck they replied with what I've quoted in my original message. Either option I'm thinking would take years, is there anything that I can point them to let them know that it's not worth the trouble and they should pay?

Besides, your math is off. You expected to earn $100k/year. A year is 365 days = $273.98 per day. You worked 8 days, so the most you could expect is $2,191.78. But, if you truly believe that you are supposed to be paid per a contract and not as an employee, then you have to prove that you didn't breach the contract by failing to complete certain projects within the proper time. Of course, you were an employee, so all of this is likely moot.

I would suggest that you take all of your information to a local employment attorney for review.

 

[bmz]

What do you mean by "agreed"? Do you have a bonafide employment contract? I doubt it. In fact, I suspect that you are going to find that any "contract" you have is not going to be enforceable since it is blatantly against the law. As an employee, you can expect to make at least the state (or local) minimum wage.

Yes, I have a contract that states 8,333/month, with payable date on 1st and 15th of each month. These papers are available.

 

[Zigner]

Yes, I have a contract that states 8,333/month, with payable date on 1st and 15th of each month. These papers are available.

$8,333 divided by 30 is $277.77 per day. 8x$277.77 = $2,222.16. Just sayin'

ETA: Even if you want to call it 22 working days, then you are only due $3,030.16, not $4,166.00.

But, you still have to get past the unclean hands in this matter.