As a contractor, how long should I wait to be paid before pursuing legal options?

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As a contractor, how long should I wait to be paid before pursuing legal options?

I worked a job for a summer camp for the entirety of a month. Each couple of weeks I inquired as to when I would receive pay. Fast forward to present day it has been nearly 4 months and I’ve yet to be paid. I was contracted as a

Asked on November 14, 2016 under Employment Labor Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You could have sued almost immediately once you were not paid as reasonabely could be expected; certainly 4 months exceeds any such expectation. At this point, you can sue your employer in small claims court not only for the amount of compensation due you but also for your court costs and other damages as may be allowed per specific state law. Additionally, you can file a wage claim with your state's department of labor.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Waiting 4 months for payment exceeds any reasonable time for expecting compensation.
You can sue for breach of contract/account stated.
In addition to the amount you are owed, your damages (monetary compensation you are seeking in your lawsuit) should include court costs.  Court costs include the court filing fee and process server fee and are recoverable if you prevail in the case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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