If I signed an independent contractor agreement that states the broker I’m working for doesn’t have to pay me until they receive payment from the client, how do I check on things?

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If I signed an independent contractor agreement that states the broker I’m working for doesn’t have to pay me until they receive payment from the client, how do I check on things?

I signed an independent contractor agreement that states the broker I am currently working for doesn’t have to pay me until they receive payment from the client. I believe they have received such payment and are withholding the pay from me. Is it possible to get a court order to view my broker’s bank records and/or the same from the client?

Asked on December 2, 2014 under Business Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

To see their records, you would have to sue them and then, in the course of the lawsuit, use the mechanism of "discovery" (such as written questions and document production requests) to get the bank records. If you know the client and if the agreement you signed with the broker does not prevent you from contacting the client directly, you could also ask the client if they paid.


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