As a contract laborer, what are my options to recieve payment for work that I have performed?
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As a contract laborer, what are my options to recieve payment for work that I have performed?
I have been working as a contract labor for 5 years. Recently, about 3 weeks ago, the woman I have been working for started having personal problems. Because of this, she kept promising to do payroll, but hasn’t As of this time, its been 3 weeks and I still have not received the money I am owed. One of the complications is that, I live in OK and she lives in NC. The original agreement between us that she would pay me on a weekly basis. I found out she has used the money due to me, for her own personal finances, and now can’t afford to pay me what is due.
Asked on July 20, 2011 Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you were an employee, you would have two options: to go to the Deptartment of Labor, and see if they will take the case and take action on your behalf; or to go to a private lawyer and bring a lawsuit. If you an independent contractor, however, then the Department of Labor is not an option, and your only way to collect the money is to sue. Depending on how much is owed to you, it may not be economically worthwhile to do so--it may be the case that you could spend more on the lawsuit than you would receive, even if you win. Also, if the employer is having significant cash problems or goes out of business, it may be that even if you win, that you cannot be paid. It is very difficult to go after someone on a cost effective basis for either a few weeks' wages or wages when the company is having significant financial problems.
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