Irvine, CA asked in Contracts, Employment Law, Workers' Compensation and Small Claims for California

Q: How can I get paid from my boss who refuses to pay me out of pocket?

Currently on an independent contractor agreement, where my boss told me he would pay me in about March after his company gets funded by investors. However due to some issues, he still hasn't been funded and as a result, refuses to pay me. He is paying for every other aspect of the business (and overseas engineers) out of pocket though -- just not the in house employees. I feel that this is really illegal, despite the agreement that he would pay when he was funded -- because there was the underlining implication that he would get the money by March (I began in Jan).

Please advise

1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: He is NOT your 'boss' because you say you are an Independent Contractor. So, he is just a client. When a client fails to pay per the contract, you give them one written warning with a deadline to pay as per the contract, then you file for a Breach of Contract in Small Claims. IF you are not really an independent contractor, if you can show you are really an employee, then you can go to the LABOR COMMISSIONER and file a Wage Claim: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm BUT DO NOT TELL the Labor Commissioner you are an INdependent Contractor; be prepared to prove you are actually an employee (boss provides the tools, boss provides the workplace, boss tells you when to start and when to stop, boss tells you how to accomplish different phases of the job, etc).

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