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California Independent Contractor hasn't been paid for services rendered

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  • California Independent Contractor hasn't been paid for services rendered

    I was a casino manager who hired other independent cotractor dealers for and entertainment company. I was also in charge of submitting invoices for jobs that would be scheduled up to 2 weeks in advance. The company would pay me for all of the jobs that I submitted if they were confirmed, and I would pay the dealers on a nightly basis with a personal check.

    In the months of May and June we had some sudden parties come up and I had hired the dealers and paid them as usual. I had been in some verbal battles with my contractor (who is one of the owners of the company) about some other parties that were done and all was resolved until I submitted my invoice for payment.

    I explained that no matter what differences we may have had, the jobs were done correctly, professionally and complete, and the contractors were paid in full for the job. I submitted another invoice, this time with my resignation. Finally, I submitted one last invoice still no check. I have gone to the Better Business Bureau seeking advice and now here.

    If anyone can help me in the steps and procedure to get what is owed me, I would greatly appreciate.

  • #2
    Originally posted by blackdragon
    I was a casino manager who hired other independent cotractor dealers for and entertainment company. I was also in charge of submitting invoices for jobs that would be scheduled up to 2 weeks in advance. The company would pay me for all of the jobs that I submitted if they were confirmed, and I would pay the dealers on a nightly basis with a personal check.

    In the months of May and June we had some sudden parties come up and I had hired the dealers and paid them as usual. I had been in some verbal battles with my contractor (who is one of the owners of the company) about some other parties that were done and all was resolved until I submitted my invoice for payment.

    I explained that no matter what differences we may have had, the jobs were done correctly, professionally and complete, and the contractors were paid in full for the job. I submitted another invoice, this time with my resignation. Finally, I submitted one last invoice still no check. I have gone to the Better Business Bureau seeking advice and now here.

    If anyone can help me in the steps and procedure to get what is owed me, I would greatly appreciate.
    Did you have a specific agreement and procedure in place that stated when and how you would be reimbursed for paying the contractors?
    Since they are not back wages due to you personally for services rendered, it is not really a labor issue, but a contract issue.

    I would think consulting an attorney would be the best idea.
    Let me know if you have further questions and best wishes.
    sue
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

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    • #3
      Indendent Contractor

      There wouldn't be avenue to follow within the employment law realm. You may be able to pursue this matter in small claims court. If the bill is quite large, you will need to sue the entertainment company in order to get the money. If you win, you may be able to cover your costs, such as attorney fees. You should talk to an attorney for more information.

      Let us know if we can answer any questions related to employment and labor law for you.
      Lillian Connell

      Forum Moderator
      www.laborlawtalk.com

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      • #4
        the true employees

        The problem is a labor problem. The card dealers themselves are employees of someone as it is very doubtful that they could deal with a casino's cllients on the casino's premises handling so much casino money! It comes down to where the actual control comes from and as to whether or not the Casino could set the actual rules. I kinda sense a similarity to the CA Bordello case.

        As for the middle-man, the one that actually posted, he should ask himself as to whether he was an employer or was set-up to take the employer rap in this particular situation. If one of the workers were to file an SS8 form and found to be an employee of he casino while the work was being done then the contract is nothing more than an employment contract. However, there is a risk that the poster is found to be a co-employer and is held mutually responsible for all back employment taxes.

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