Contractor Rights
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Contractor Rights
I was hired as a contractor and was told I
would be paid 45 per hour and 328.50 per
day in per diem that covers lodging, car
rental, gas, incidentals and food. I let the
company know I needed my hotel covered up
front for the first month. They covered the
hotel with the company credit card, but
decided they would cut my per diem down to
51 per day. I feel this is not legal
because all was in writing. They should have
let me reimburse when I got paid. Is this
legal? All information was in writing
Asked on May 1, 2018 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
IF the writing you refer to was a contract for a fixed or set duration, such as a 6-month, 1-year, etc. contract, then they could not change its terms until the contract expires. If they during the duration or term of the contract, they did not pay you what the contract said they should during that period of time, you could sue them (such as for "breach of contract") for the money.
However, if the writing or documents was not for a set or fixed time, it could be changed at any time on notice by the employer: that is, they could tell you Monday morning that they are reducing the per diem and have that be effective starting that day. That is because an agreement not for a fixed or definite term does not lock in the agreement's terms for any particular amount of time. So if you did not have a contract or other agreement for a set amount of time, they could change (reduce) your per diem more-or-less at will.
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.