If I am a independent contractor that was fired, what can doI toreceive payment?

My contract states the company pays on the 5th of every month.

Asked on November 11, 2011 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have to be paid according to your contract (the agreement under which you were working, whether oral or, preferably, written), for all work done up when your services were terminated--unless, in some cases, your contract was terminated for your material breach of the agreement (see below). If you, for example, did work that, per the agreement, would have earned you $1,000 payment, you should have been paid that amount by the 5th. If you were not paid, you could sue to recover the amount. For smaller amounts (less than several thousand dollars), you may wish to sue in small claims court and represent yourself (no legal fees).

Note that if  you breached the agreement in some significant way, that might let the company avoid paying you--e.g. if you did not complete work by a deadline, perform it to spec, get necessary pre-approvals, etc. If you did not provide what you were supposed to provide to get paid, the company does not need to pay you.


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