Business Contracts I am a contractor and the business has yet to pay me.

D

Darkpyro2

Guest
Jurisdiction
California
Hey,

I just graduated High School and received a job as a contractor for a company that dabbles in various charity programs(I don't want to name them for fear of my position), teaching middle school students robotics and other STEM fields in an after school and summer program. I submitted an invoice for payment on the 30th of June, and my contract says that I can be paid no later than the 15th of the month following the submission of my invoice. My paycheck did not arrive before the 15th and so I contacted the company and they had me send in my invoice and claimed that they sent my check again on Monday the 18th, and that it would arrive by the end of the week. Well, it's already Friday and I still haven't received my payment. I sent an email to the woman in the company that is my immediate contact, but have still yet to receive a reply. By this point, they are long past the date at which I should have been paid and in breach of contract. I have no clue what to do in this instance as I will be starting my first semester of college in a few weeks and need that money for books and I'm starting to get antsy. Here's the text from my contract with my employer's name and some personal information redacted. It was signed and dated electronically through HelloSign, so the signatures and dates aren't on this version:
[REDACTED]

SERVICES CONTRACT – 2016-2017

INDEPENDENT CONTRACTOR ~ BUSINESS CONTRACTOR


[Redacted] _____________

Contractor's Legal Name / Business's Legal Name

[Redacted]

Billing / Mailing Address


Pleasant Hill CA _ 94523 ______

City State Zip


[Redacted] [Redacted]

Telephone Number Individual's Social Security # /Business's Employer Tax ID #/IRS Tax Identification #


I agree to provide services to [Redacted] at the following locations: [Redacted] School Programs for remuneration $ 15.00 per hour .


Service: [Redacted]_California Instructor ______

Date(s): June 23, 2016 – June 30, 2017

Contract Limits: Approximately 35 hours per month, not to exceed $6,000 for the year

Mileage for school visits to be reimbursed at [Redacted] rate of $.44 per mile, in 2014-2015

Description: Lead weekly classes with three Mt Diablo USD After School Programs in implementing [Redacted] of CA (MSCA) Student Tech Leadership program.


1.Lead weekly classes at [Redacted] designated sites and assist them in using [Redacted] curriculum, and other resources;

2.Communicate with instructors/coordinators on a regular basis, via emails, phone, in person;

3.Work with prospective schools to help them learn more about [Redacted] program implementation;


Service and Payment

a) Contractor will submit an Invoice for payment no later than 30 days from the end of the month in which the contract services upon which said invoice is based were rendered. The final invoice for payment must be submitted no later than twenty-five (25) days from the end of the month in which the contract services terminate June 30, 2017. No invoices for payment will be accepted after July 26, 2017.


b) Contractor will submit an invoice outlining dates of service, hours worked, activities/tasks involved, and accomplishments.


c) [Redacted] will make payments as specified in paragraphs a and b (Service and Payment) above and within 30 days of approval of said payment invoices by the Executive Director of [Redacted] or his/her designee.


d) Aspirant will make payment to: "Contractor and address"


e) Penalty for Late Submission.

Contractor is required to submit to [Redacted] a timely invoice for payment for the final quarter as specified in Paragraph a above. If the Contractor fails to submit the final quarter demand as specified in Paragraph a above, [Redacted] will not pay Contractor for any expenses submitted after the final due date as specified above.


f) Reporting.

Contractor will produce written reports and other work products as required by MSCA/[Redacted]: site observations and any other supporting documentation.


g) All tools, equipment, supplies, and insurance, including worker's compensation, necessary to fulfill this agreement are to be provided by the contractor.


h) Contractor assumes all risks inherent in providing services under this contract. This agreement may be canceled by either party with thirty days (30) written notice.


i) Any knowledge of clients gained in the course of this contract shall be held confidential.


j) Independent Contractor Status

The parties intend that Contractor, in performing the services specified herein, is acting, as an independent contractor and that Contractor will control the work and the manner in which it is performed. This Contract is not to be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture, or association. Additionally, Contractor is not entitled to participate in any pension plan, workers' compensation plan, insurance, bonus, or similar benefits the Commission provides to its employees. In the event that [Redacted] exercises its right to terminate the Contract, Contractor expressly agrees that it will have no recourse or right of appeal under any rules, regulations, ordinances, or laws applicable to employees.


k) Contractor will defend, indemnify, save, and hold harmless [Redacted] and its officers and employees from any and all claims, demands, losses, costs, expenses, and liabilities for any damages, fines, sickness, death or injury to person(s) or property, including any and all administrative fines, penalties or costs imposed as a result of an administrative or quasi-judicial proceeding, arising directly or indirectly from or connected with the services provided hereunder that are caused, or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors, subcontractors, or any persons under its direction or control. If requested by [Redacted], Contractor will defend any such suits at its sole cost and expense. If [Redacted] elects to provide its own defense, Contractor will reimburse [Redacted] for any expenditure, including reasonable attorney's fees and costs. Contractor's obligations under this section exist regardless of concurrent negligence of willful misconduct on the part of [Redacted] or any other person; provided, however, that Contractor is not required to indemnify [Redacted] for the proportion of liability a court determines is attributable to the sole negligence or willful misconduct of [Redacted], its officers and employees. This provision will survive the expiration or termination of this Contract.


The following checked items are required (REQ.) by [Redacted] prior to contract signing:

REQ


REC'D



q 


q 


1. Licenses and/or degrees if required to provide this service

q 


q 


2. List of three current or recent references.

q 


q 


3. Resume:

Required for independent contractors providing training, supervision, or direct client services.

q 


q 


4. Training outline:

Required if teaching for the Agency.


____________________________________________

Contractor's Signature [Redacted] Authorized Administrator's Signature


Date 07/05/2016

D.A. /R.A. _____ Date ____/____/____

Location: Northern, CA including Concord, Pleasant Hill, Bay Point

GHA _____ Date ____/____/____


CEO ______ Date ____/____/____
I'd like some counsel as to what to do in this situation.
 
Your option as a contractor, versus an employee, is to follow the small claims rules in your state of California.

I wouldn't count on receiving a dollar of that money before late September, assuming you prevail in small claims and receive a judgment for the monies you allege are owed to you.

This explains small claims in California. Be advised, as part of your small claims process in CA, you must first send a demand letter, before you can even initiate a small claims case:
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Small Claims - small_claims_selfhelp
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The Small Claims Court, A Guide to Its Practical Use - California Department of Consumer Affairs
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Steps to Filing a Small Claims Case - small_claims_selfhelp
 
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