Employer can’t/won’t pay me for work performed under contract as a mobile developer?

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Employer can’t/won’t pay me for work performed under contract as a mobile developer?

I signed an agreement with a startup company as a iOS mobile developer. My contract outlined specific employment and payment terms. Now, 6 weeks into the job, I have not received a payment as was initially agreed within the terms of the contract. I questioned the CEO several times and was given a multitude of reasons why he can’t or shouldn’t pay me, even attempted to imply that my hard work/time wasn’t worthy of payment. What is now clear to me is that the CEO and the business is not doing well financially, which is why he is doing everything possible delay or avoid paying me for my development work. I have since stopped all work for the company and demanded payment as defined in the terms of our contract. I have contributed a significant amount of code to the company’s existing iOS application. The CEO is now demanding that I supply him with all code changes I’ve made during my six week tenure with the company. I say that all contributed code are my proprietary technology until I receive fair payment for my work. What’s the best way to proceed?

Asked on May 29, 2018 under Employment Labor Law, Utah

Answers:

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

Answered 5 years ago | Contributor

You can sue the company for breach of contract / account stated.  Your damages (monetary compensation you are seeking in your lawsuit) are the amount you are owed.
The amount of your damages will determine whether or not you can file your lawsuit in small claims court.


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