Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Jul 2011
    Posts
    1

    Default Can a Portion of the Funds Be Withheld from My Paycheck Without a Written Account

    My question involves independent contractors in the state of: NEW YORK.

    NOTE: According to my "employer", I am a subcontractor even though I work the same hours every week, make an hourly rate, and am absolutely micromanaged in terms of how I perform my job (weekend receptionist). I am not, for the moment, contesting my status as an independent contractor, although I'm pretty sure this is an employee/employer relationship.

    Can the business I work for legally pay me less than what I "charge" on my invoices (an agreed upon hourly rate), without also providing me with a written account? If I demand a written account of any money missing from my paycheck, can they legally deny this to me?

    If they deny that my right for a written account of all missing income exists, is there specific legislation I can point to?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a Portion of the Funds Be Withheld from My Paycheck Without a Written Account

    As you are choosing not to dispute your status as an independent contractor, it's reasonable to leave aside the issue of classification for purposes of your question.

    Your compensation as an independent contractor is governed by your contract with the company that is retaining your services. If you are billing in excess of that agreement, they do not have to pay more than they owe under the contract. If they are paying you less that you are entitled to receive under that agreement, you may sue them for the unpaid balance of what they owe (although you can expect that they will terminate your services if you should sue them.)

    1. Sponsored Links
       

Similar Threads

  1. Suspended by Online Service and Funds Withheld After Dispute With a Client
    By oDeskVictim in forum Independent Contractors
    Replies: 4
    Last Post: 01-31-2011, 12:29 PM
  2. Banking: Account is Frozen - How to Get My Funds
    By gamble08 in forum Personal Finance And Investment Law
    Replies: 1
    Last Post: 01-19-2011, 11:06 AM
  3. Compensation and Overtime: Last Paycheck Withheld Over Car Loan
    By rickjames1011 in forum Employment and Labor
    Replies: 4
    Last Post: 05-08-2010, 12:53 PM
  4. Compensation and Overtime: Can My Last Paycheck Be Withheld After 'Breach of Contract'
    By stert in forum Employment and Labor
    Replies: 2
    Last Post: 07-07-2008, 09:52 AM
  5. Security Deposits: Portion Of Security Deposit Withheld As Incentive To Renew Lease.
    By bjk118 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-13-2008, 08:22 PM
 
 
Sponsored Links

Legal Help, Information and Resources