If I worked as a contract labor employee for a telecommunications company and was terminated, amI still entitled to be paid in a timely manner?

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If I worked as a contract labor employee for a telecommunications company and was terminated, amI still entitled to be paid in a timely manner?

Asked on August 9, 2011 Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you were truly a "contract employee"--i.e. an independent contractor--of the telecommunications company, theny you have to be paid according to the terms of the contract or agreement (even if only an oral one) by which you worked. For example, if payment was "net 30," you have to be paid within 30 days; if you were paid on the same schedule as "regular" employees, you should be paid by the next scheduled pay date; etc. (Note: in the absence of any explicit terms defining when you'd be paid,  you can look to past precedent to help define the agreement; e.g. when in the past were you paid--on the same days as other employees?)

If you were not an independent contractor but were actually an employee (e.g. they withheld FICA, paid you through payroll), then you should get your final paycheck when employees would. That appears to be within 6 days of termination, in Texas.


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