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What can i do

I work 1099 piece work installing residential solar I work for a few different contractors and im in the process of starting my own business. One of the companies I work for we have a verbal agreement on a set pay for jobs every Friday and this past Friday he withheld payment for one of my completed jobs because some of my previous jobs need repairs and he said he will not pay until those jobs are repaired.

Asked on December 21, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

He has no right to withhold pay for job A because of alleged problems with jobs B and C, etc., unless there was an agreement between you specifically allowing him to do this (it does not sound like there was). If he does withhold pay improperly, you can sue him for the money (such as in small claims court)...and similarly, if he thinks you owe him money, due to careless or shoddy, etc.  work which forced him to incur costs to correct it or offer credits to customers or lose business, then his recourse would be to sue you for that money and prove in court his entitlement to it.


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