What to do if I was recently terminated from a 1099 position with a Class B contractor but he is refusing to pay me for my last 2 weeks of work?

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What to do if I was recently terminated from a 1099 position with a Class B contractor but he is refusing to pay me for my last 2 weeks of work?

He has avoided my calls or made excuses until today when we were supposed to meet. He then told me he didn’t know what he could pay me because he had to redo work he never told me was unsatisfactory. The only proof of employment I have from him is hand written checks for each week I worked. I asked repeatedly to fill out any paperwork or provide appropriate information for tax purposes and was told we would do it when he had the forms with him. What are my rights in this matter?

Asked on August 23, 2012 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have a right to be paid for all the work you did, pursuant to the agreement--written or oral/verbal--under which you were working; oral agreements to work for pay are enforceable.

If not paid, you could you sue him in, say, small claims court, where you could act as your own attorney. You would need to prove, such as by your testimony, by the hand written checks, etc., the terms of the agreement (i.e. what work you were supposed to do; what you were supposed to be paid for it) and that you did the work.


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