I was a 1099 contractor and had a written contract through June 30th 2013. On May 7th I was told my contract was not going to be renewed, but my services were not needed till June 30th. However, if I were to send in a resignation letter they would pay me through my contract. It is now June 10th and I have not seen any money from them. I was paid every two weeks and was told they would continue to pay me as I was through the end of the contract. What options is any do I have?
2 Answers from Attorneys
It sounds like you made a bad mistake in not seeing a lawyer on May 7. If you quit, unless the contract says otherwise, they don't owe you, so it sounds like you managed to waive your own pay. Show everything now to a lawyer, but it sounds like you made an expensive mistake.
Everything depends on the terms of the contract, including whether or not there was a requirement to give you work, and whether or not you have breached the contract by not showing up after they tricked you into not showing up. Sit down with a lawyer to review the specific terms of the contract and the facts to see if there is anything you can do. Also, if they made the offer to pay you for resigning in writing, bring that too. Otherwise, you may be able to claim unemployment, which they can fight on the basis that you were not an employee. However, administrative law judges have a history of considering 1099 workers to be employees for the purposes of unemployment, so you may have a fight there in spite of the contract.
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