Legal Question in Business Law in Arizona

Non payment of Invoice/fee for services

An employer/contractual client decided not to pay at a reguarly scheduled pay period. The letter was dated one day before the pay period. He decided that he did not like the work product/internet web site design. He arbitrarily decided to hire another firm. I assisted in selection of the firm, turned over files and intellectual property.

He said firmly, I will not pay. He offered to have me stay on to contact new members for membership. When I filed the action, I encountered two individuals that were filing the same actions against him for previous issues that were identical to mine. Do I need to gather case law of decided cases as precedent to substantiate the case. Do I need to demonstrate my role as an employee with regular hours that was determined as a consultant to prevent paying withholding? Thank you in advance for your help.

--name removed--C.


Asked on 10/10/05, 7:22 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Non payment of Invoice/fee for services

No, you don't have to act like a lawyer, however, you should have the other claimants there for your hearing to give testimony that the guy is intentionally exploiting his employees and you should know the inditia of being an employee according to the IRS (rather than being an independent contractor).

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Answered on 10/10/05, 8:26 pm


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