Website design work not paid for. Is the code still mine to take back?

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nolatron

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A brief backstory.

Last year I began working as a freelance contractor web developer for a political organization based in Florida. I got the job through my sister who is their graphic designer (also on contract basis). I was paid a set salary on the 1st and 15th of the month by check. I supplied the organization a 1099 I think it for tax reasons. I do not believe we ever had any formal contract signed fo rmyself, just verbal and over email agreements.

We developed several sites for the organization throughout 2008. In December 2008, they without warning stopped sending us our paychecks. We also didn't get any work, so we didn't think much of it.

Now comes February 2009. I'm asked to take one of or existing websites, and rebrand the site with new graphics provided by the graphic designer. I was told I would be paid $2000 on March 1, 2009 to cover the back pay due from December, and normal pay would begin on March 15 again.

I did the work as requested, developed the new rebranded site and published it online. However, they never paid me as promised by March 1, and normal pay never started on March 15.

Over the past 5 months, I've inquired about the status of the pay due and was always given a kind of runaround excuse that they are working on it, but more often than none my inquires usually went unanswered.

So to my question, because they never paid me for the work I did and code I put together for this new rebranded site, would the code still legally be mine? Since we never had any contract stating otherwise, I presume all work I do is mine until it is paid for.

I'm at the point that if they don't want to bother paying me for my work, I want to take it back and not let them use it. I figure a Cease and Desist letter from a lawyer would be required to get them to comply.

Any advice?

Thanks,
Shaun
 
A verbal agreement is very messy. You might want to send them a written demand letter and can always make claims to that effect, including a C&D. At worst, if they push it and you go to small claims court, they'll have to admit they didn't pay you and that probably won't happen. The writing usually wakes people up. Try it out and good luck.
 
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