If I was recently terminated from a sub-contracted position for a cable company, is it legal for them to hold my last 2 paychecks for 90 days?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was recently terminated from a sub-contracted position for a cable company, is it legal for them to hold my last 2 paychecks for 90 days?
Asked on November 15, 2012 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you were actually a contractor (not an employee), then they have to pay you within the period of time required by the agreement pursuant to which you provided services. If that agreement was not explicit how the timing of payment, you can look to past practice (e.g. how quickly were you paid in the past?) and other documents (e.g. are there any payment terms on your bills or invoices?) to determine who quickly payment should be made.
If you were an employee, they should have paid you by the next regularly scheduled pay day.
If you are not paid when you should have been paid, you could sue the company, including possibly in small claims court (where you could act as your own attorney), for the money.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.