As an independent contractor, what legal recourse do I have if I am continually told that a certain percentage of my commissioned sales each 2-week pay period are under review but never resolved?

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As an independent contractor, what legal recourse do I have if I am continually told that a certain percentage of my commissioned sales each 2-week pay period are under review but never resolved?

They never come to a resolution on “under review” accounts; they just never pay.

Asked on May 20, 2015 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, independent contractors are not protected by labor/employment laws and have no recourse to the labor department (state or federal) to help resolve payment issues. Rather, your only recourse is to sue the company for breach of contract (even if there is no written contract, there is still an oral agreement as to how you are paid, and oral agreements are enforceable) in court, to recover the money. One option is to sue in small clams court, acting as your own attorney ("pro se") to save on legal fees. Of course, suing the compan pretty much guarantees you'll never work for them again, so you need to weigh carefully what to do.


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