If I worked as a contractor on 1099 for 6 months until last month and have my last 2 months salary due me, what should I do?

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If I worked as a contractor on 1099 for 6 months until last month and have my last 2 months salary due me, what should I do?

My company is not paying me and not responding my phone/email.

Asked on July 19, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your recourse is to sue them for the money they owe you. You would sue them for breach of contract: as an independent contractor, there was an agreement, whether written or oral/verbal, between you and them that you would do or perform certain work and they would pay you; if you did the work but were not paid for all of it, they are in breach of their contractual obligations and you could sue them to recover the money they owe you.


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