If I was recently terminated from a sub-contracted position for a cable company, is it legal for them to hold my last 2 paychecks for 90 days?

Asked on November 15, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you were actually a contractor  (not an employee), then they have to pay you within the period of time required by the agreement pursuant to which you provided services. If that agreement was not explicit how the timing of payment, you can look to past practice (e.g. how quickly were you paid in the past?) and other documents (e.g. are there any payment terms on your bills or invoices?) to determine who quickly payment should be made.

If you were an employee, they should have paid you by the next regularly scheduled pay day.

If you are not paid when you should have been paid, you could sue the company, including possibly in small claims court (where you could act as your own attorney), for the money.


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