I am not getting paid

In October of this year I was hired as an independent contractor. My pay was supposed to be Net 15 from the date of my invoice. To date, I have not been paid all that is owed to me and they are now late by 2 months. On top of that, they brought me on as a full-time salaried employee at the beginnig of December. My first check is ue to me on January 1st, 2006. If I don't get paid, am I able to claim Constructive Termination? Also, there is a non-compete clause in the contract. Would his breach of contract nullify that as well? What other options do I have? There are also other "Independent Contractors" for the company in the same position as I am, that have not gotten paid either. Can we file a class-action suit against the company? What other options do we have in that regard? Thanks, in advance, for your help.

1 answer  |  asked Dec 29, 2005 6:33 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
no/not applicable/many

you need to sit down and meet in person with an attorney experienced in employment law and litigation. you apparently have a written consulting agreement that needs to be examined. you have several different issues and options that you must explore face to face with an attorney. i note that you are not willing to pay a consultation fee - why not? how many $1000's do you have at risk?

in any case, you should go to the cal employment lawyers assn website, www.celaweb.org, to find an experienced atty in your area.
good luck
janet m. koehn
805-658-0655

posted by Janet M. Koehn  |  Dec 29, 2005 7:09 PM [EST]

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