I am a contractor in Corpus Christi Texas. My employer changed policy, didn't advise me and consequently with held 6000.00 in unpaid invoices. Is this legal ? And is there a statue governing the length of time I have before I try to get them in court. Thanks Fred Vincent
You question reveals a number of legal issues. First, you identify your self as a "contractor" and mention "invoices" then you identify the person you work for as your "enmployer". Normally those terms are mutually exclusive. Before you know what your rights are, you have to know whether you are really an indpendent contractor or an employee.
In general, if the person you work for tells you the hours to work, supplies your tools and materials, and controls the details of your work and you are paid by the hour or the day or the piece and you are performing work that is part of the essential operations of the company and you have no profit or loss in a project, then you are an employee. Conversely, if you are paid a fixed fee for a project and you supply all labor, equipment and materials, and have the option of sub-contracting the work to someone else as well as working for multiple companys at the same time and there is a possiblity that you could earn a profit or suffer a loss if you don't complete the work on budget, then you are likely a contractor.
An employer is required to pay you at least twice per month and cannot change the financial terms of your employment after you have performed the work. An employer may also have the obligation to pay overtime for hours in excess of 40 in a single workweek. If an employer has not paid you your wages, then you can file a complaint with the Texas Workforce Commission - Labor Law Department. However they cannot help you with wages that are over 180 days old. Be sure to tell them that you believe your employer mis-classified you as an independent contractor and why.
If you are an indepenent contractor, your only enforement mechanism is the courts. Since the amount owed is less than $10,000.00 you can file a small claims case against the company in a justice of the peace court where the company headquarters is located or where the work was done. You can do this any time after the payments are past due. You have up to 4 years, unless you signed an agreement that shortens that time.
Good luck.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.