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I work as an independent contractor for a tutoring company.I have no set schedule, usually, I will get emailed on Sunday, can you do x x x days, and I'll usually say yes.
2 months ago, I was asked do you want to start working with student A. I said ok. Again, no set schedule - just emailing me for which days to come in.
Recently, I got a new job. Said I want to cut back hours. Boss said, according to the contract, I have to notify of such events 60 days prior. The first thought that goes through my head is wtf? Isn't it normally 2 weeks notice?
I also remember the contract saying I was working 'at will.'
The upcoming week, I have been asked again to work x x x days. I said I'm busy.
Boss and secretary start emailing me like crazy. Blah blah blah have to honor agreement and contract and etc.
I have yet to be paid for January and it's 7 days into February. I'm wondering if they are purposely holding my check back.
Basically, I'm wondering if A) they have any legal right to withhold my check B) sue me or some random shit (it's NY and I've come to the realization NY is not the most rational of places) C) how can I get my January's money?
Thanks
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Does your contract say that or not? I think that's the only way to really answer  if you signed it, and it says you have to... they may be able to cause you problems.
e: I'm pretty sure they're not allowed to withhold your paycheque though. But again I'm not a lawyer so...
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You can't work for people that mess with your paycheque, so you might have to cut your losses and get out of there.
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To me it doesn't sound OK, but I guess you'll have to ask a lawyer.
A friend of mine had a similar problem. He just threatened to consult a lawyer and suddenly they paid him at least a good chunk of the money. Maybe that might be the trick here. 
I guess it is out of the question you do not wish to continue to work with those people?
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I live in NY, but I'm certainly not a lawyer, etc. I would think you're entitled to your pay regardless, but you should read your contract. Just as an FYI, though, just because you have a contract and signed doesn't mean it's always legally binding. A lawyer would know best, but I doubt the cost of a lawyer is worth it, unless you know one personally.
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In most states, the "at-will" determination cuts both ways; the employer can basically treat an at-will employee like crap, but an at-will employee can usually terminate their employment without penalty. Definitely check the language of the agreement you signed.
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I dunno, but you could just tell them that you are seeking independent legal advice on your contract and mention that you don't yet seem to have been paid. Be polite and non-aggressive/threatening. They may email you back saying that there have been 'delays' in paying you which they've now sorted and that they are willing to 'let' you drop down on the intensity of your involvement.
You would need to be prepared to go the whole hog though and actually seek advice if this doesn't work, but if you let them know that you are doing it (or planning on doing it) they may just fold straight away, especially if they know they don't have a leg to stand on.
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I do similar work and the whole "I have yet to be paid for January and it's 7 days into February" just immediately made me wince. I get paid every two weeks like clockwork, not getting my paycheck (without explanation) would make me pretty anxious/suspicious
That scheduling does sound really weird too - for classes I'm usually scheduled weeks/months in advance, and for tutoring the scheduling is directly between me and kid/parent; the office gives me their contact info and handles books, tests, and billing. If the kid agrees to more infrequent/different hours why should the company care? They can just give it to another tutor...
imo, if they don't negotiate politely with you, the only thing you can do is threaten to quit and/or find a lawyer. Maybe they want a quid pro quo where you tacitly give up the january paycheck and they let you go without any legal fuss/60day notice bullshit - but that would really suck and I would hope you get your money properly
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Canadian here, have a bit of (school, not professional) experience in Business Law and HR. I expect it to be similar in the US.
First off:
You are always entitled to your pay for hours already worked,
Secondly:
Check your contract on whether it states that there needs to be 60 days worth of communication. If it doesn't say, check if theres any mention of time/notification period that you need to give. See whether they're just BS'ing you or not. You are legally entitled to a copy of the contract that you've signed (pretty sure of this?) so if you're missing it, ask them to give you a photocopy of the contract (the one with your signature on it). Either way, if they withhold it, that's super suspicious.
If it doesn't mention anything, communicate that you will be going for third party legal counsel on this issue and remind them that you have yet to be paid. Basically just communicate that you are willing to stand up for your rights and they can't boss you around at their convenience. Hopefully, they will just fold and it will be all good.
Check if there are any pro bono legal offices or advisors in town. Some lawyers or legal firms do some side projects pro bono (free) for the little guy and for people who are not able to pay the big bucks for lawyers.
Not sure about the US, but in Canada, things of this nature (< $50,000) are usually dealt with in small claims courts where most representatives don't even need to have lawyers and will settle the issue in front of a judge or adjudicator. See what (free to cheap) options are available for you.
If it does say that you need to give notice, you ARE STILL ENTITLED to your pay, they cannot withhold that from you. However they may state that because of the breach of contract, they are going to levy a "fine" on you or some type of punishment which may or may not equal the pay they're withholding.
Good luck!
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On February 08 2015 00:06 Cauld wrote:
I live in NY, but I'm certainly not a lawyer, etc. I would think you're entitled to your pay regardless, but you should read your contract. Just as an FYI, though, just because you have a contract and signed doesn't mean it's always legally binding. A lawyer would know best, but I doubt the cost of a lawyer is worth it, unless you know one personally.
Out of interest, I thought having a contract signed is legally binding. Unless of course it's made under threat of violence or something similar. Would you care to specify when is a signed contract not legally binding?
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EPT
