IfI am a W9 contractor, can my former employer withhold my pay more then 24 hoursafter firing me?

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IfI am a W9 contractor, can my former employer withhold my pay more then 24 hoursafter firing me?

I got fired wrongfully and the company would not pay me on payday. It said it did not have to because I was not an employee of the company. Is this true?

Asked on January 7, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you did work, whether as an employee or an independent contractor, you must be paid for it; there are no exceptions. So the fact that you were an independent contractor and not an employee does not let them withhoold your pay. As long as you did the work contracted for--i.e. you did the work you were supposed to, to acceptable standards--you must be paid. If they do not pay you, you may sue, including possibly suing in small claims court (where you can represent yourself and save on legal fees) to recover the money.


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