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Event staffing company not sending checks Virginia

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  • Event staffing company not sending checks Virginia

    Hi everyone,

    This is my first post here. With that being said, I worked at an event in Richmond, VA with an event staffing company on October 11th and 12th. When I signed up, I was told I would receive the check between 30 and 45 days. I thought this was longer than usual(other events I've worked had the check to me within 2 weeks) but being a college student, I figured the money would come just before Thanksgiving which would be good for Christmas presents and agreed to their payment terms. I filled out all required forms(i.e. I-9, tax forms, and their administrative forms) and had them faxed in before the start of the event.

    After about a month, I e-mailed the person who hired me for the event and they said: "This sunday marks the 35th day since the event. The checks will be sent out on the 45th day". So the 45th day comes and goes and I figure that having Thanksgiving and weekend, the mail would be a little slower that unual. Yesterday I e-mailed that person again about the where abouts of the check and received this response: "I apologize for the delay in payment for this event. I assume this program will be paid very soon. However, I have not received an official confirmation from the Accounting Department about the payment date. As soon as I know this information, I will notify you. Please accept my apology for the current delay in payment".

    I don't accept this apology, no matter how sincere it is. I was told to expect the check within 30-45 days of the even, and on the 51st day, the checks have still not been sent and they don't know when they will be sent. I upheld my end of the agreement by working at this event and they haven't upheld their's.

    I know in Virginia, an employer cannot withhold an employee's payment, but I assume that I was acting as an independent contractor during this event because that is the way I was classified for other events. I'm not sure what the payment laws are for I.C.'s if there are any.

    Can anyone shed light on this for me?

  • #2
    There are no laws requiring payment to IC's being made at any particular time. It's all dependent on what the contract says.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      the contract said 30-45 days


      • #4
        Then sue them in small claims court.

        Of course, you can forget about ever working for them again.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


        • #5
          The key is that if you really are IC, then labor law is simply not applicable and it does not matter what the labor law rules are. IC are vendors subject to contract law only. Contract law remedies are small claims court and talking to a lawyer about a general court action.

          Not your question, but I am skeptical that you ever were an IC.

          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)


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