Rights of Website Designer in Conflict With Customer

[sirius1982]

I have created a website for someone and although I was promised a proper job out of it, he has pretty much screwed me over and is letting me go.

He is however demanding that I hand over all the files I created for the site.

Am I right in thinking that because I never legally worked for him or signed anything, he has no right to ask for them?

Any advice greatly appreciated.

Regards
Stephen

[PattyPA]

I take it you were an Independent Contractor (not an employee) and you had no written contract?

You were "contracted" (in some fashion or another) to create a website, you did, and now you won't give him the work product that created them? Did you get paid for this work?

[sirius1982]

I take it you were an Independent Contractor (not an employee) and you had no written contract?

You were "contracted" (in some fashion or another) to create a website, you did, and now you won't give him the work product that created them? Did you get paid for this work?

Thanks for your reply.

No, this was totally not above board. I am not currently registered as self employed, he paid me cash in hand, didn't put it through the books. There's no record of me ever working for him in any way.

[eerelations]

Paying in cash is not illegal. You did some work for a guy, he paid you in cash for the work - all perfectly legal in every way.

The only way this scenario could become illegal is if you don't report the cash you were given to the IRS at tax time. Then you - not the other guy - would be in legal trouble. And before you ask, whether or not he reports his payment to you to the IRS is his problem and has nothing whatsoever to do with you. In addition, whether or not he put his payment to you "through the books" (what books?) does not affect the legality of paying you in cash for the work and in fact isn't something you could know anyway. They're his books, and his problem.

And I don't understand what you mean by "registered as self employed" - registered with who? You don't have to register with anyone to become self-employed, all you have to do is do some work/sell some stuff/provide some services and get paid for it...and voila! You're self-employed!

Bottom line here is that if this guy sues you for the files, and can provide some evidence that he paid you for the work, he will probably win the lawsuit. And you will end up having to hand over the files and pay court costs to boot.

[PattyPA]

You don't HAVE to be "registered as self-employed" for an independent contractor situation to apply. What HE did with the accounting is his problem.

You may want to seek counsel specializing in intellectual property.

Horse out of the barn now, but next time, you'll get a written contract, right?

And don't forget, you need to report that income on your 1040, and pay self-employment tax on it (Schedule SE) whether you get a 1099-MISC or not.

[aaron]

What U.S. state is involved in this question (and why am I thinking it's not a U.S. question....)

[eerelations]

What U.S. state is involved in this question (and why am I thinking it's not a U.S. question....)

If the OP is in Canada, then my answer is still the same (except replace "IRS" with "CRA") as the laws on this topic in both Canada and the US are nearly identical.

[PattyPA]

ah, could be.