Legal Question in Employment Law in California

Withholding my final paycheck

I am an independent contractor providing discrete trial services to children with Autism. Due to continued verbal abuse, I resigned from his agency in June, 2001. My final work date was July 6, 2001. I turned in a timesheet July 31,2001. I received a letter August 8, 2001, informing me that he is withholding my paycheck because I did not conform to his wishes. The fact is, he is unable to service a client because he has no one qualified to replace me; he has replaced me with his wife who is not qualified provide discrete trials to the child and I refused to assist her with training (ethically, it would take months to train her). Rather than to send her to school, he is threatening me to produce a logbook or to train her.

In the meantime, I am being charged $200.00 late fee on my rent, not to mention any other late fee charges incurred by creditors.

Being an independent contractor, do I have any recourse?


Asked on 8/10/01, 2:11 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Withholding my final paycheck

small claims court

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Answered on 8/13/01, 10:14 pm
Keith E. Cooper Keith E. Cooper, Esq.

Re: Withholding my final paycheck

Contact the California Labor Commissioner.

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Answered on 8/17/01, 6:59 pm


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