Subcontracor not being paid

[b45852]

Hi -

I was hired as a contractor by a technology firm[CA based] to work at one of their client's location [Michigan]. I worked for the client for 6 months and I have not been paid even half the amount I was supposed to get.

I cannot reach them when I want to. Please advice how should I proceed. What is my luck if they file for bankruptcy?


Thanks -

 

[cbg]

When you say a contractor, do you mean an IC (1099 at the end of the year) or an employee with a contract (W-2 at the end of the year)? It makes a difference what action I recommend.

 

[b45852]

It is 1099.

 

[cbg]

Then your best bet is small claims court. And quickly, before they file for bankrupcy, after which you'll have to stand in line with all the other creditors.

 

[b45852]

Thank you. However, I see there 7500$ limit on small claims court and my amount is around 30000+...

 

[cbg]

Then file a civil suit.

Because you are an IC, employment law does not apply and you cannot get help from the DOL. As such, the courts are your best recourse.

Now, if you think that you should have been an employee, that's a different and separate matter that you would take up with the IRS. But to get paid, you're best off for now going through the court. Consult local counsel.

 

[b45852]

thank you...