Subcontractor Final Payment Questions

This is a discussion on Subcontractor Final Payment Questions within the Other Labor Law Matters forum, part of the LABOR & EMPLOYMENT LAW category; I was recently a subcontractor and decided to terminate my contract. The company I was working for is holding my ...

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Old Jan 26th, 2008, 04:24 AM   #1
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Red Face Subcontractor Final Payment Questions

I was recently a subcontractor and decided to terminate my contract. The company I was working for is holding my final 2 checks if I do not sign termination paperwork. There is no mention of additional paperwork needing to be signed in the contract nor does it state anywhere in the contract that they will be able to withhold payment for any reason other then me not returning files I had on my computer or had printed off. I returned everything and deleted all the files on the computer. I feel the papers they want me to sign are way to broad and have let them know this and they refuse to give me my check.

In all the communications I have had with them they will not tell me where in the contract it states that they are able to withhold my payment.

Basically my question is this, if it is not stated in the original contract that I will be required to sign additional papers before I receive my final check is it legal for them to withhold my payment?

I live in Arizona if that matters. If you want more details just ask, I've read the contract a bajillion times and just can't figure out where they are coming up with it being ok and as they won't tell me I find it very suspicious. Thank You very much for any help you can provide!
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Old Jan 27th, 2008, 03:34 PM   #2
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Default Re: Subcontractor Final Payment Questions

No that is normally not legal.

You could consult your nearest Department of Labor office to briefly discuss the issue with them first...you may also want to ask the company to put what is happening in writing and explain to them that you may have attorneys review the situation...try speaking to a higher level of management about the issue; they may override the other managers. If none of these efforts resolves the issue, let us know.

And/or you could also sue in small claims court.
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Old Jan 27th, 2008, 04:54 PM   #3
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Default Re: Subcontractor Final Payment Questions

I talked to the owner of the company about it, it's all through email so that way I would have documentation of what they were saying and proof that was really why they wouldn't give me my check. I never talked to them on the phone about it.

Thank you very much for your response and I will go find my department of labor office and visit it.
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