unpaid hours

Status
Not open for further replies.
R

ryanjones

New Member
I subcontracted through an agency (corp-to-corp) for hourly wages. I no longer work with this agency because they pay so late. They still owe me $20,650 and refuse to pay. I understand there are no laws to enforce a contract, unless you can afford to fight it in court. I have been to the US Labor Dept. and the California State Labor Commission, but they won't help me because I am an independent contractor. Are there alternative ways to make a former business pay what they owe without going to court? I am going to try arbitration, but I do not have a lot of money. The amount listed above is for a couple of months pay, so my resources are limited. They are in violation of my contract, but apparently that doesn't mean very much. Is there a way to mark the businesses credit or sell the debt to a collection agency without having a court order?

ryan
 
First, why are they refusing to pay you? Is there a dispute of some kind?

Second, for such a high debt I would think it possible that an attorney might take such a case on a partial or full contingency fee. It is quite possible that you will recover the attorney's fees as a result of this company's breach of contract. You might even be entitled to punitive damages depending upon the facts and circumstances, although this is rare unless egregious.

However, unless this company is going bankrupt, it would seem that there is a great deal we are missing here, mainly the source of the dispute. I don't think there is a way to avoid court since there is a dispute and there is no governing body that will just grant you the money. However, if you had an employment contract, arbitration might be an option set forth within the contract.
 
The reason for non-payment is because I left the company. I got tired of the company paying me late, so I quit. The president also stated that he will not pay because he doesn't like me.

My contract does call for arbitration, but I need to save up my money before going to arbitration. The arbitration fees are as follows: $750 filing fee, $150/day room feel, ~$300/hr. for the arbitrator. And I am entitled to recovery of attorney's fees, filing fees, etc... Since I live in the bay area, I am having a lot of difficulty in finding an attorney who will take my case for less then $10,000 in retainer fees (whether it's arbitration or a lawsuit). The average rate for attorney's around here is $250+

The non-paying company is financially sound. They are paid every week by the client.
 
Were they sent a letter, certified receipt, demanding payment? This should be sent immediately. A $10,000 retainer sounds like a great deal of money and it seems that we may not be hearing the entire story. Is there a reason that the attorney believes that this will need to go the distance?
 
2 demand letters were sent. Both rejected. My lawyer wants a $10,000 retainer few because the firm is mired in the dot com lawsuits. Almost all bay area firms are mired in the dot com lawsuits. Since most dot coms end up filing bankruptcy, the law firm I go through has started to charge high retainer fees. I have called around to other firms and individuals, but everyone I have spoken with thus far wants a exorbitant retainer fee.
 
I'm sure that we can find an a firm or an attorney in the bay area that isn't mired in dot com lawsuits so that they have to charge exorbitant retainer fees. I'm not sure whom you've spoken to but that doesn't sound right nor does it make sense since dot com litigation for bankruptcies may not yield them so much money to make them worthwhile. I know about such work as an attorney myself! I'd think that there are so many unemployed lawyers that someone would be able to handle your case! The question really is whom have you gone to with the case, such as what type of firms have you approached? Perhaps you are going to the wrong type and should look elsehwere?
 
I normally deal with the firm Skjerven Morrill MacPhearson in Santa Clara County. They are great because they can offer a lot of different services, but they are also expensive. What I did instead was just print off a list of corporate/business lawyers from yahoo yellow pages and pretty much just called down the list. I limited my search to the county of San Francisco since that is where everything happened. I did call a 3 lawyers in Monterey county but all declined because they didn't want to travel and they also had large retainer fees. They 3 lawyers were independents (not part of a firm). I also called a few other lawyers in Contra Costa County and Santa Clara County and got the same response.
Is there a public forum or public database where a individual or business can post there case and have lawyers view it and request to take it? Calling firms and lawyers in the yellow pages is pretty pointless...
 
Hmmm... it is possible that the attorneys did not want to take the case and mentioned large retainers. Any good attorney will not take a case unless they have a consultation with you so the method in which you request is merely a contact system, not a contracting system.

With regard to your case, if one of our attorneys would take the case it would still require a full review of the facts. The retainer would be based upon the time investment and anticipated work. Is it possible that your case is not a simple open and shut case of non-payment?

I would also report fraud to the CA Attorney General's office, if this is a matter of fraud which you claim. Please understand that I don't doubt your word, merely that in many circumstances in most cases usually dictate that there is a story behind every dispute that complicates.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top