Atlanta, GA asked in Employment Law for Georgia

Q: I have not been paid for my work as an IC in the agreed-to time frame.

I work as an IC in legal transcription. I was working with a staffing agency who had a large client. I left this position in 12/23. The payment terms for my invoices were to be paid 30-45 days after invoice submission. I submitted my November 2023 invoice on December 2, 2024. I have yet to be paid.

I have contacted the owner of the agency MULTIPLE times, receiving several excuses. Last week, she told me that she had just submitted the invoice the week prior. I told her that this was unacceptable, as we were now over 60 days since invoice submission, and that I would be contacting the client myself. She told me that I was overstepping my boundaries as an IC, and while I explained to her that I can understand her opinion, I simply want the money I am owed and will go away once I receive it. I did speak to them, and know now that as of yesterday, she has not yet submitted the invoice to the client. They do not pay but every 30 days, which will put me at 100 days, if submitted today.

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1 Lawyer Answer
Mitchell Feldman
Mitchell Feldman
  • Tampa, FL
  • Licensed in Georgia

A: The terms of your independent contractor agreement will dictate what the obligation is of the company to pay you. Beyond that obviously if you’re not paid money that you’re due pursuing to contractual agreement then of course you can pursue legal action. But we would need more fax to determine the exact date you should be paid and if there’s a breach of that agreement whether it’s oral or a written agreement. Another question is whether you in fact or really an independent contractor or an employee but again, without more facts, we could not answer that question.

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