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  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Question Paying an Independent Contractor/Subcontractor After Theft

    My question involves independent contractors in the state of: Florida

    I work for a computer recycling company. All of our workers are Independent Contractors who have all signed an Independent Contractor Agreement/Contract.

    Recently, I had two contractors go on a run and pick up the computer equipment to be brought back to the warehouse. In the process they stole roughly $12,000 dollars worth of laptops.

    My question is, am I required by law to pay them their final pay, when in actuality they owe the company either the equipment or the value of the equipment?

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,032

    Default Re: Paying an Independent Contractor/Subcontractor After Theft

    If they were employees, then yes, you'd have to pay them, in accordance with employment law on this subject.

    However, they're not employees, and therefore are not covered by employment law. The only way you'll know for sure whether you have to pay them is based on what the judge says to you if/when they sue you for the money.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Paying an Independent Contractor/Subcontractor After Theft

    If they're truly independent contractors, you have the right to sue them for the missing equipment, they have the right to sue you for the unpaid contract, and the judge gets to sort out the details.

    Did you file a police report?

  4. #4
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Paying an Independent Contractor/Subcontractor After Theft

    Yes, a police report was made and the guys were arrested and let out on bonds. The DEA decided to throw it out since it they felt it was a case that wasnt worth the trouble or time, since none of the 3 Independent Contractors would fess up or spill the beans on the other.

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