contractor not paid

My husband worked as a contractor for a new e-business that is still in business, for about 2 years. He stopped working for them because he was not getting paid on a regular basis. He has not worked for them in a year now and they still owe him greater than $25,000.00 in back pay. He received a payment in January 2005, of $2,000.00. We are getting tired of waiting and I know that Co labor laws do not cover independant contractors. The principals of the company are getting paid. We know that to be fact as they are our friends. Unfortunately so. We are ready to do what we can to get the money. I believe the company is based in New Jersey. Please advise.

1 answer  |  asked Mar 22, 2005 3:35 PM [EST]  |  applies to Colorado

Answers (1)

Nina Kazazian
Collecting compensation for independent contractor

Though not covered by the Colorado Wage Act, your husband may have claims for breach of contract, unjust enrichment, and/or equitable estoppel. If he had a written agreement which defines the compensation he would be paid, the primary claim would be breach of contract. If not, he may still be able to recover through other claims. If the work was performed in Colorado, the suit could be brought here. If the principals are located in Colorado, or the company has operations in-state, that would facilitate service of process for an action in-state. Otherwise, the suit may have to be brought in a different jurisdiction.

In order to evaluate the merits of his possible claims and other factors of a potential lawsuit, you should consult with an attorney. Please feel free to call me at 303-860-8400 if you would like to set up a consultation.

posted by Nina Kazazian  |  Mar 23, 2005 10:13 AM [EST]

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