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speedracer1010

Junior Member
I am in Illinois.
I was on a 1099 contract with a vendor doing IT work.
In the contract it had a 30 day termination clause.
When I received a new job offer I contacted my vendor and
he OK'd over the phone to no give 30 days notice to him.
NOw that it has come time to pay me, he is docking my pay for the 9 working days that I didn't work, which I would have if I'd given 30 days notice.
Can he do this? No where in the contract does it say he can deduct anything from my wages.
Any help would be appreciated.
 


pattytx

Senior Member
Why should he pay you for time you didn't work, unless the contract says that also? You can take the agreement to a local attorney for review; we cannot interpret an agreement we haven't read. However, I'm confused why you think you should recieve payment for time not worked.
 

speedracer1010

Junior Member
Response

I guess I wasn't clear.
He is with holding money for time that I DID work.
I worked 60.25 hours from the 1st through the 10th of August.
What he is doing is averaging the amount of lost revenue that he would have gotten if I had worked for 9 more days, and then subtracting it out of my payment.
Does that make more sense?
 

pattytx

Senior Member
OK then. You're still going to have to file a civil claim to get a judgment for back payments. That's the only way to go. Again, you may want to have an attorney review your agreement. However, depending upon the amount, you may be able to file in small claim court, which is very inexpensive.
 

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