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View Full Version : Help: Independent Contractor not getting paid per contract...
moody
12-10-2009, 09:38 AM
I have been working with a company **** as an In-home/Independent Contractor doing Data Entry since 2006. Work is sporadic but I can work the hours I want, when ever I want as long as there is work. The problem is not getting paid. Eventually, I know I will get my pay but never know when and has not been within the 90 day invoice since contract has been signed.
I invoice weekly and the pay should follow in 90 days per the contract signed. Currently, I have 4 Invoices that should have been paid in November that are not paid. I contacted Acct Dept and was told they do not have the authorizatioin to release checks from August at this time but will let me know when they will.
This has gone on for more than the past year and as economic times has gotten harder - this makes it extrememly hard on me. I am aggrevated and totally stressed over when I might or might not get paid. I have to request payment, I have to repeatedly send emails and usually goes without getting answers.
I have threatened legal action and as result I got paid immediately. I cannot keep threatening legal action and do not have the money to get an attorney. I have tried to get Presidents name, email and phone # from accounting and they refused to give it to me - so I researched the internet on the website to get information and sent an email and got past due invoices paid immediatley also. I cannot keep doing this either.
I love working this job. It is the most convenient as far as my time allowing me to work when I want. The bad thing is never knowing when I will get paid. They continue to violate my contract and I have shared this with the accounting team numerous time and still get no where, they know they are in violation. They say the President is the one who signs the checks - they can not force his hand.
Does anyone have any suggestions on what I can do to get payment owed without taking legal action that I cannot afford?
Thank you in advance.
I invoice weekly and the pay should follow in 90 days per the contract signed. Currently, I have 4 Invoices that should have been paid in November that are not paid. I contacted Acct Dept and was told they do not have the authorizatioin to release checks from August at this time but will let me know when they will.
This has gone on for more than the past year and as economic times has gotten harder - this makes it extrememly hard on me. I am aggrevated and totally stressed over when I might or might not get paid. I have to request payment, I have to repeatedly send emails and usually goes without getting answers.
I have threatened legal action and as result I got paid immediately. I cannot keep threatening legal action and do not have the money to get an attorney. I have tried to get Presidents name, email and phone # from accounting and they refused to give it to me - so I researched the internet on the website to get information and sent an email and got past due invoices paid immediatley also. I cannot keep doing this either.
I love working this job. It is the most convenient as far as my time allowing me to work when I want. The bad thing is never knowing when I will get paid. They continue to violate my contract and I have shared this with the accounting team numerous time and still get no where, they know they are in violation. They say the President is the one who signs the checks - they can not force his hand.
Does anyone have any suggestions on what I can do to get payment owed without taking legal action that I cannot afford?
Thank you in advance.
spellweaver16
12-10-2009, 04:23 PM
It can be very affordable just to have a lawyer write a letter to the company. It shows that you mean business! I would call around and see what kind of fee it would be for that. My grandma once dealt with a legal issue purely by having her lawyer write letters lol
mjyocum
12-10-2009, 10:35 PM
It can be very affordable just to have a lawyer write a letter to the company. It shows that you mean business! I would call around and see what kind of fee it would be for that. My grandma once dealt with a legal issue purely by having her lawyer write letters lol
I don't have much advice, sorry :( I would keep calling until they pay and then resign. The PP has good advice, but this probably won't be cheap. My MIL just had a letter drafted by a lawyer and it cost her $1500 :eek: GL!
I don't have much advice, sorry :( I would keep calling until they pay and then resign. The PP has good advice, but this probably won't be cheap. My MIL just had a letter drafted by a lawyer and it cost her $1500 :eek: GL!
butterbean
12-11-2009, 07:04 AM
So sorry you are going through this! You may check to see if there is a legal aid society who will help you for free, but at least contact the better business bureau about them. I really think you should look for another job though. Sometimes its just not worth it....literally when you don't get paid! Good luck to you!
Clairejoy
12-13-2009, 09:18 PM
I've had that problem many times over.
The best thing I have found is to threaten to call the Dept of labor. I worked online for a deadbeat company based in NY . After a month of listening to excuses, I called the DOL and the person in charge was very helpful in (failed) attempting to help me get paid. What I figured out from that ordeal is the DOL don't care so much about you, (although they were nice enough) what they really want is to catch someone breaking the independent contractor rules so they can fine and tax the bejeezus out of them. Any smart company will pay you to avoid an audit.
Dial America was audited by DOL and was forced to pay all the $$ they screwed their employees out of too. Was a nice surprise check in the mail many months after I quit.
I try to not take any jobs with long hold back times like that, it is always asking for trouble. There's so many companies that do that just to get a month or two's worth of free labor. Sounds to me like the company can't send you pay cause they will bounce a check. I bet the owner has money in their personal bank account and are just to greedy to take a loss--they expect you to.
The best thing I have found is to threaten to call the Dept of labor. I worked online for a deadbeat company based in NY . After a month of listening to excuses, I called the DOL and the person in charge was very helpful in (failed) attempting to help me get paid. What I figured out from that ordeal is the DOL don't care so much about you, (although they were nice enough) what they really want is to catch someone breaking the independent contractor rules so they can fine and tax the bejeezus out of them. Any smart company will pay you to avoid an audit.
Dial America was audited by DOL and was forced to pay all the $$ they screwed their employees out of too. Was a nice surprise check in the mail many months after I quit.
I try to not take any jobs with long hold back times like that, it is always asking for trouble. There's so many companies that do that just to get a month or two's worth of free labor. Sounds to me like the company can't send you pay cause they will bounce a check. I bet the owner has money in their personal bank account and are just to greedy to take a loss--they expect you to.
