A Previous Employer is Withholding My Paycheck

[Ms. M]

Jurisdiction

Florida

I am a licensed massage therapist. I was hired as an independent contractor for a day spa in the state of Florida, although I was required to adhere to a schedule that was five days a week with set hours. After I filed a complaint against the spa owner, I was told by the owner that I could pick-up my final paycheck and my supplies that was left at the spa, on the following Friday, which was the scheduled payday. The owner texted me on the day I was scheduled to pick-up my check and told me I could no longer come on the property, but I could send my fiancé at 5:00 to retrieve my paycheck and belongings. When I texted her to tell her he was on his way, she told me he could not pick-up the check until I provided her with an address, for tax purposes. I provided the spa owner with my PO Box mailing address, which she has had since I began working at the day spa, over a year ago. She then told me she needed my home address and would not be able to give him my check until she got it. Can she withhold my paycheck until I provide her with my home address? Does she have a certain amount of time to provide me with my paycheck? If so, if she doesn't give me my paycheck within that time period, what can I do?

 

[army judge]

If you're a contractor, versus an employee, you'll have to take the company/agency/service to small claims court.

What you are allegedly owed aren't wages.
If you're owed anything, it's based on your independent contractor agreement.
The money owed to you is legally a debt, not wages.

Even if you were, or prove you're an employee, Florida isn't a very helpful state for employees who are paid the wages earned and owed.

There are many lawyers in Florida who offer to assist employees.
Those same lawyers aren't as interested in monies owed to contractors, sorry.

In any case, the courts in your state can sometimes help contractors and employees.

Of course, it isn't as quick as in states that have state wage or employee agencies.

As far as what you allege the massage studio to have done, no it isn't legal, but without an aggressive state wage enforcement mechanism; it's very often done by unscrupulous companies, because the penalties aren't all that harsh.

 

[cbg]

In Florida, small claims court would be your best option even if you were an employee. It's about all you've got as a contractor.

 

[Betty3]

If you were an IC, your only option is to sue in small claims court for any "income" owed you. You can sue for up to $5,000 in small claims court in Fl. Good luck.

 

[Ms. M]

If you're a contractor, versus an employee, you'll have to take the company/agency/service to small claims court.

What you are allegedly owed aren't wages.
If you're owed anything, it's based on your independent contractor agreement.
The money owed to you is legally a debt, not wages.

Even if you were, or prove you're an employee, Florida isn't a very helpful state for employees who are paid the wages earned and owed.

There are many lawyers in Florida who offer to assist employees.
Those same lawyers aren't as interested in monies owed to contractors, sorry.

In any case, the courts in your state can sometimes help contractors and employees.

Of course, it isn't as quick as in states that have state wage or employee agencies.

As far as what you allege the massage studio to have done, no it isn't legal, but without an aggressive state wage enforcement mechanism; it's very often done by unscrupulous companies, because the penalties aren't all that harsh.

Thank you for your assistance in this matter. It was very helpful.

 

[Ms. M]

In Florida, small claims court would be your best option even if you were an employee. It's about all you've got as a contractor.

Thank you.