Hi,
I've been delivering newspapers for eight years now, and my route is 7 days a week, even holidays. This past week my car broke down and since it was a weekend, I was not able to rent another (closed here) or borrow one, so i couldn't do the route. There are no substitutes for my job, so if I don't do the route, I can be fired very easily.
With my health going down hill, and my car going in the gutter, I decided it was time to quit...especially after being told I'd be fired if I didn't find a way to do the route. Keep in mind, I'm an independent contractor with NO contract. It expired over a year ago and they never sent a new one out.
Two days after I officially quit, my check didn't go through the direct deposit. I called the highest boss and he informed me that they would be keeping my check until they could figure out how much to deduct from it for errors, substitutes etc after I quit! I told him I have no contract so the regular contract terms do not apply to me and they can't hold my check or take the money I've already earned.
Also... the check they are holding is from the LAST pay period. They had to find a substitute for THIS pay period, so how can they take money from me that had nothing to do with this incident?
So I'm wondering... do i have any legal grounding to take them to court? Are there any particular laws (California) that relate to payment for IC's with no contract?
I explained to them that I can't pay my rent or half of my bills because of this... plus I am now overdrawn in my bank account since the check didn't go in as usual.
Any help would be greatly appreciated!!
I've been delivering newspapers for eight years now, and my route is 7 days a week, even holidays. This past week my car broke down and since it was a weekend, I was not able to rent another (closed here) or borrow one, so i couldn't do the route. There are no substitutes for my job, so if I don't do the route, I can be fired very easily.
With my health going down hill, and my car going in the gutter, I decided it was time to quit...especially after being told I'd be fired if I didn't find a way to do the route. Keep in mind, I'm an independent contractor with NO contract. It expired over a year ago and they never sent a new one out.
Two days after I officially quit, my check didn't go through the direct deposit. I called the highest boss and he informed me that they would be keeping my check until they could figure out how much to deduct from it for errors, substitutes etc after I quit! I told him I have no contract so the regular contract terms do not apply to me and they can't hold my check or take the money I've already earned.
Also... the check they are holding is from the LAST pay period. They had to find a substitute for THIS pay period, so how can they take money from me that had nothing to do with this incident?
So I'm wondering... do i have any legal grounding to take them to court? Are there any particular laws (California) that relate to payment for IC's with no contract?
I explained to them that I can't pay my rent or half of my bills because of this... plus I am now overdrawn in my bank account since the check didn't go in as usual.
Any help would be greatly appreciated!!
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