Brooklyn, NY asked in Employment Law for New York

Q: I need help getting paid

I am a freelance worker. I provided services for a media company on Nov 14 + 15 2017. I have a contract with a net 60 payment. I have emailed the company a few times regarding this payment and they say that their client has not paid them yet so they can't pay me. This is beyond my contract as my contract is with the media company. And now they have stopped responding to my emails. Freelance isn't free act protects me but I want to send another email citing the act

Would this be a good response?

If the payment is not executed today I will will be forced to take the following steps against ___ Media:

1. Report filed to the DCA's Office of Labor Policy & Standards (OLPS)

2. File a notification with my network of freelancers making them aware of ____'s failure to remit freelance payment as agreed.

3. A public posting to social media notifying my industry followers of the situation.

4. Begin the process of legal remedy

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3 Lawyer Answers
Emre Polat
PREMIUM
Emre Polat
Answered
  • New York, NY
  • Licensed in New York

A: You are absolutely covered under the Freelance Isn't Free Act and if successful, they have to pay double damages and your attorney's fees. Consider a consolation so your potential case may be assessed.

V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Mail them a certified mail return receipt demand letter.

Attach your contract. Demand a specific amount and demand payment by a date certain and a specific address where payment must be made per your contract.

Wait for that date to pass. If not paid, attach all of the above and sue them in small claims court after you discuss anything else the clerk of court needs. Call the small claims court clerk now for your jurisdiction. They will help you. And hopefully you can collect or they have assets in this state. Good luck. It could be a long ride.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: File a lawsuit. It is clear they know what to do with your emails and letters. Circular file as they say.

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