Should I be paid for the hours I worked as a corp-to-corp employee?

I have my own company and was working a corp to corp opportunity and a W2 opportunity at the same time for about 3 weeks. I ended up coming clean with the W2 company and put in my notice. I also advised the company I was corp to corp though of the situation. They advised me to come clean, I did. About 2 weeks later, I got an email they have come clean with their client and I would have to be terminated. They are now refusing to pay me for 2 weeks I worked, saying the client has disputed the pay and will not pay out. I have documents that the time had been approved, however the company’s response is they approved the time before they learned of my situation. Even though they recently approved my final 16 hours and payed me for those, juts not the 2 weeks prior. Do I have any case to get them to pay me for those 2 weeks 63 hours x 80 hours?

Asked on October 16, 2017 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have to be paid for all work you did, not matter what structure you performed the work under. (You don't have to be double paid, so if you billed for the same work or time on a corp-to-corp basis and also as a W2 employee, they only need to pay you once for it.) It does not matter if their client is unhappy, or did not pay them, or if they then considered this grounds to terminate you: if you did the work, you must be paid. And to stress a critical point: their inability to be paid by the client has NOTHING to do with their obligations to you or your right to be paid. Even if they are not paid for the work you did, they have to pay you; they can sue their client for any money owed to them if the choose, but that is their concern, not yours. If they will not pay you for any work you did, you could sue them (e.g. in small claims court) for the money.

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