More details to this question:
I was working as a independent contractor for the past 2 years and recently accepted a full time position with another company fully intending on still working as a independent contractor part time. The owner did not accept that term and is now with holding pay. There are other issues that have arose over the past several months that may cross the independent contractor/employee line.
1 ANSWER
I’m not totally clear on who is withholding pay from you (the new employer or the company you contracted with). However, whether it’s wages or “1099” payments for independent contractor work, you have a legal right to the pay you’ve earned. For wages, the right comes from the federal Fair Labor Standards Act, various Virginia statutes, and court decisions. For contract payments, the right comes from the Virginia common law of contracts. Please call us to schedule a consultation so that we can review the contract at issue and get more detail.
Answered on Jan 23rd, 2014 at 11:35 AM