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Old 04-06-2019, 04:48 AM   #1
lomoscaf
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Default Salary for the days that I have worked

I was hired by a company in January 2019 and I signed self-employment contract. Due to the car accident in which I was badly injured, I had to resign on the 17th of February. I sent an email to my former boss asking about my salary, for the days that I have worked, and he sent me a really rude email asking me if I really think that I should be paid. I would like to know if legally there is a requirement or possibility for me to be paid, I don't think it is fair to treat employees like this,
Thank you in advance.
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Old 04-06-2019, 05:52 PM   #2
adjusterjack
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Default Re: Salary for the days that I have worked

Contradiction alert. You mention self-employment contract and then ask about salary. That leads me to question whether you were misclassified as an independent contractor when you were really an employee.

Independent contractors don't get a salary. They perform services for customers for which they charge a fee.

If you were an independent contractor, your compensation is a matter of contract. If you performed services for which you didn't get paid then it's entirely up to you to sue for the money.

If you were a misclassified employee then your compensation is subject to federal and state labor laws and you can make a wage claim with your state's department of labor.

If you don't know whether you were an independent contractor or employee, visit the IRS website where there is information about both:

https://www.irs.gov/businesses/small...ed-or-employee
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Old 04-07-2019, 10:33 AM   #3
AFFA
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Default Re: Salary for the days that I have worked

I wish to inform you that independent contractors must rely on the terms of their independent contractor agreement, or the implied understanding, and would have to go to court to enforce that agreement or understanding. Possible claims might include breach of contract and breach of promise, sometimes called promissory estoppel. Both parties have a duty of "good faith and fair dealing" towards each other. You may contact a local attorney for guidance.

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Old 04-07-2019, 10:36 AM   #4
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Default Re: Salary for the days that I have worked

If your contract required a completed project you might have some trouble, otherwise go sue him in small claims court! It's easy to do and no lawyer is needed.
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Old 04-08-2019, 08:02 AM   #5
Lexus
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Default Re: Salary for the days that I have worked

As you signed the employment contract you can demand the salary for the days you worked. You can send a lawyer notice to the employer demanding the outstanding salary.
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