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  1. #1

    Default Can an Independent Contractor Be Paid His Hourly Wage for Incomplete Work

    My question involves independent contractors in the state of: California

    I was hired by an attorney to do a project for an unspecified trial period and was told I would be paid a certain amount per hour. After 3 days and 15 hours of work I determined the position was not a good fit. When I notified the attorney of this, I was informed I would not be compensated because the attorney could not bill her client for "work for an unfinished job." She then told me if I want to be paid I have to finish the job (which I declined to do). After, she stated that since I quit during the trial period the work I did is "incomplete" and she will not accept it and now has to hire someone else to do the project from the beginning. I do not see why someone should re-do what I already did when the work that was performed was done accurately.

    Based upon the nature of our relationship it appears as though I am best classified as an independent contractor which does not entitle me to seek action against her with the Labor Commission in CA. She argues "After you sign a contract to get work done for a certain price, the employer is entitled to get the work done at that price. If the contractor walks off the job, I am still entitled to get the work done at the price I offered you. Thus, if I hire a second contractor to finish the job, I only owe the first contractor the balance due on the price quoted after paying the second contractor - even if it is a fraction of what the first contractor claims is due. If the second contractor charges more than the quoted price, I would owe nothing." Is this correct? Is there is a possibility I won't recover a single penny for my time and work because I was an independent contractor who did not complete the trial period?

  2. #2
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    Default Re: Can an Independent Contractor Be Paid His Hourly Wage for Incomplete Work

    We have no access to your contract with the lawyer to review what you agreed to do and how you would be paid. If you contracted to complete a described service in a specified number of hours for a specified price per hour, with that amount being fixed even if you had to work additional hours, then the lawyer is correct -- you contracted to perform the service at an agreed price.

    Given your choice to breach the contract, the lawyer can have the work completed by another contractor and, to the extent that your services can be utilized by that contractor, owe you only the difference (if any) between the price you set in your contract and the cost of completion with the new contractor. It is even possible that if the reasonable cost of completion exceeds the price you agreed to charge, you would end up owing your client money.

  3. #3
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    Default Re: Can an Independent Contractor Be Paid His Hourly Wage for Incomplete Work

    Quote Quoting LegallyConfusedinCA
    View Post
    Is there is a possibility I won't recover a single penny for my time and work because I was an independent contractor who did not complete the trial period?
    I agree with Mr K but your post raises the question of whether you were an independent contractor or employee.

    You certainly have no clue so I suggest you do some research on the subject on the IRS website.

    http://www.irs.gov/Businesses/Small-...ed-or-Employee

  4. #4
    Join Date
    Apr 2009
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    757

    Default Re: Can an Independent Contractor Be Paid His Hourly Wage for Incomplete Work

    Poster seems to have started a new thread under a different user name:

    http://www.expertlaw.com/forums/show...306#post906306

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