If a contract therapist is owed money for services, who is legally responsible to pay?

I am an occupational therapist who provided OT services for another company/therapist for about 10 months. At this point, I am still owed around $3,000 in unpaid services. The billing company said they would complete an audit per my request but is now no longer responding to my emails or phone calls. They have found a few ‘glitches’ and paid me for them. The owner of the company I contracted for is doing little to nothing to pay me and I’ve stopped receiving checks from her. If I were to have to go to court to collect the money I worked for, who should I file the claim against? The billing company who collects the money and gives it to the company I contracted for or the therapist who owns the company I contracted for?

Thank you, Jeanne Goldie

Asked on June 4, 2016 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You sue whomever you have  your contract with. That may be the therapist who owns the company you contract with...or it may be that company itself, if it is an LLC or corporation. (When a business is an LLC or corporation, you sue the business; when it's a sole proprietorship or general partnership, you sue the owner(s)). If the billing company is the one which is holding up payment, then the company you contract with or its owner may in turn have a cause of action against the billing company...but your relationship is with the person or business you contract with, and that is the person or entity which has the legal obligation to make sure you are paid.

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