If I work as an independent contractor and was promised pay over a month agobut still have not received it, what can I do?

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If I work as an independent contractor and was promised pay over a month agobut still have not received it, what can I do?

I work as a “Sales Manager”, going around to nutrition shops to get health companies to try out our new product on consignment. Every placement I got (whether they paid for it or not), I would receive compensation. I documented all my hours w/notes and pictures, which they requested and they have. This work on the current invoice states back 3 months. The president promised he would pay 6 weeks ago (about $700). When I requested a check be sent to me and provided my address, it was never sent. Now he wants more work without pay yet until this next stuff is completed.

Asked on January 4, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue--when you perform work as an independent contractor and are not paid, that is your recourse. For around $700, you may wish to sue in small claims court, so as to avoid lawyer's fees; you would need to show, by testimony and/or evidence (e.g. letters, agreements, emails, time sheets, photographs, etc.) both the terms of the agreement (i.e. what/how you should have been paid) and the amount of work you did. You could certainly first let the employer know you'll take legal action if necessary; but ultimately, if you are not paid, the way to seek your money is through a lawsuit.


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