If an employer delays payment can they be made responsible for late fees on my bills which could not be payed

I work as an independent contractor for a privately owned company. Due to
employer error my paycheck for an entire month has not been issued. I can’t pay
bills if I don’t get paid. Do I Have any recourse?

Thank you for your time and consideration

Asked on April 28, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Assuming there was an agreement as to when they should have paid you--for example, you had a written service, or independent contractor, etc. agreement with them stating that you would be paid the 30th of each month, or within five days of submission of your invoice/bill, etc.--and they violated that agreement, then you could sue them for any costs or losses (such as late charges or interest) you incurred due to (i.e. can be causally linked to) their failure to pay on time. You have to be able to prove that their late payment caused the cost or loss by a "preponderance" of the evidence, or that it is more likely than not that they caused the financial injury. Suing is the only way to get the compensation if they do not voluntarily provide it.


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