What can I do if I worked for a family owned trucking company and I quit but they still owe me for the last 2 weeks I worked?

They claim they sent a check by mail but it has been over a week and don’t have it and now they are not answering any of my calls. What can I do to get my wages? It is over $1000. I’m 1099 not W2.

Asked on September 26, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you were an independent contractor a 1099 employee, there is no deadline in the law for when you must be paid the timing of payment is typically set by the agreement or contract between you and your employer. If there was no written agreement, or there was, but nothing in the agreement addressed when you should be paid, then the courts would usually conclude that you should be paid within 30 days "net 30" of invoicing or billing, since that is more-or-less the common or default across many industries. If not paid within that time frame, you could sue the employer for breach of contract even if was just the unwritten or oral agreement between you that you'd be paid for providing certain services or doing certain work and also unjust enrichment the unfairness of them being able to benefit from your work without paying in order to recover the money owed you.


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