Can a company hold my final check?

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Can a company hold my final check?

I was an independent contractor for a
trucking company. My contract stated I
got paid every Thursday. I stopped
working with that company Tuesday and
today they refused to pay my final
check. What are my legal options?

Asked on October 6, 2016 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As an indepdendent contractor, you must be paid for all work you actually completed prior to the termination of your working relationship (whether a voluntary or involuntary termination) with that company. They have to pay you for the work you did, otherwise they are in breach of contract (even if there was no written agreement, there was at least an oral agreement as to what you'd be paid for the work you did--such an agreement is enforceable); if they won't pay, you could sue them (e.g. in small claims court, acting as your own attorney, to save on legal fees) for the money.


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