Employer is Holding Independent Contractor's Payment Checks

[iamcissy]

My question involves independent contractors in the state of: Georgia

Hello All,

My husband is an independent contractor and one of his contractors is holding 4 checks totaling $1200 for a broken cell phone and an alleged dent in his company vehicle.

We have asked him time and again for an estimate for the cell phone which I found brand new on Ebay for $80 and he keeps saying it is $250 even though the phone is over 2 years old and not sold by Sprint anymore and was old and used when he gave it to my husband.

We have also asked time and time again for an estimate of the dent in the car and he refuses to get one saying that the $1200 he has won't even cover the damages. But refuses to give us any kind of proof to the fact.

What can we do and do we have to wait a certain amount of time before filing in small claims court?

[cyjeff]

Contact the department of labor.

He is not allowed to withhold pay. The employer may then sue you.

[PattyPA]

Wait a second. As an IC, the contract controls. If the contract does not allow for such deductions, then you would have to sue for the payment.

Even if he were an employee, it would be the federal DOL and I know cyjeff knows that, living in Georgia as he does.