What can we do if my 10 year old daughter is a model and has not been paid by her talent agency for work she has done?

UPDATED: Sep 29, 2022

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What can we do if my 10 year old daughter is a model and has not been paid by her talent agency for work she has done?

This is a legitimate talent agency and not a scam. My daughter has a contract with and been represented by this agency for 3 years and has done several jobs modeling in print ads for major retailers. The issue in contention now is that my daughter hasnt been paid for several photo shoots she did between 5 and 6 months ago, totaling over $2000 in pay. Her agent has made several excuses to why my daughter hasnt been paid yet, ranging from the client hasnt paid, the client submitted the wrong amount of payment so the agent requested it be reprocessed to the accountant is out of the office on vacation this week. What kind of recourse is there?

Asked on October 6, 2015 under Employment Labor Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The recourse is to sue that's how you recover money that another party owes you pursuant to  contract and/or for work you did and which they do not pay you. Even if the agency is telling the truth about delays in them being paid, or the wrong amount being paid, etc., that is not a defense they are still obligated to pay your daughter for her work even if they are not paid by their own client. If not paid by their own client, they, in turn, could sue the client. So if they refuse to pay, you can sue them for the money you would sue based on breach of contract.

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