Legal Question in Employment Law in Washington

employer refuses to pay employee

I am in Seattle, WA and I worked for another company via an employment agency as a translator. Unfortunately, the other company found a better match for the job than myself. I worked for a week for them. Now, the agency I went through is refusing to pay me for the work I did. They state that they had to pay my replacement for the work I did and state that there is a clause in the contract I signed with them that allows them to retain the wages I earned because I was fired and I embarrassed them. Is this possible? Is this legal? Please advise.


Asked on 6/06/07, 10:04 pm

1 Answer from Attorneys

Susan Beecher Susan L. Beecher, Atty at Law

Re: employer refuses to pay employee

This answer will be filled with words like "probably" "most likely" and "almost certainly", because as the expression goes, "the devil is always in the details", and it is impossible to give an absolutely certain answer until I have read your contract and reviewed many details not given in your question.

First question is whether you are an employee or a subcontractor as to the agency. Did they withhold for income tax and FICA (Social Security and Medicare) from your check in the past? If so, then you are almost certainly an employee. In that case, they probably must pay you for the time that you worked, even if they are not satisfied with your work. A contract providing otherwise would most likely be illegal.

If you are a subcontractor, on the other hand, much depends on how your contract reads. I am assuming you have a copy of the contract that you signed. Have you found the clause to which they refer?

If you think you qualify as an employee, contact the Department of Labor and Industries. With the passing of a new law in 2006, they now assist employees in collecting wages that are due. If you think you are more likely a contractor, you may want to spring for an hour with an attorney to have him or her review your contract and tell you what your options are. If, based on that meeting, you find you have recourse, you may want to take this to Small Claims court.

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Answered on 6/07/07, 11:51 am


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