Do I have to pay a 1099 employee for work that I decided I didn’t want her to do?
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Do I have to pay a 1099 employee for work that I decided I didn’t want her to do?
1099 employee told us the had to quit do to “Conflict of Interest” but she then wanted to work another week she was originally asked. I told her no thank you. Now she wants to be paid for that week
Asked on August 7, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you told her to not do the work, then you do not have to pay her, unless there had been a contract or agreement in place (such as written contract) in which you had already committed to the work; in that instance, depending on the exact circumstances (e.g. did she actually quit, or did she just indicate that she thought she had a conflict and might have to?), you may be obligated to pay her. Otherwise, if she did work without authorization, and more, against your specific instructions, she essentially donated or gifted the work to you; she cannot make you pay for work you did not ask her to do.
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