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circlex

Breach of contract and demand for payment

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Hi,

 

I am an independent contractor and have recently entered into a verbal agreement with a contracting company to perform product installation services for a major telecom during a work stoppage.  The contract stipulates that work will be 6 days a week at 12 hours per day and that it was 30 days guaranteed work with an option to work longer as the strike continued.  I also have these details in several emails. It was also understood by me and other independent contractors that if the strike ended early we were guaranteed a minimum of 30 days pay. 

 

As it turns out; the strike ended 17 work days later.  At this point all involved expected to be paid for the remaining 13 days at our hourly rate x 12 hours x 13 days.  They said it would be a couple weeks before payment.  Nine days later the contracting company states in an email that their client considers the 30 days commitment as a 6 day work week; so we lose 4 days of 30 day commitment.  Then in the same email they state that the client is only going to pay 8 hours per day for the remaining unworked days.  To me the agreement implies 30 days of work at 12 hours per day.  This arbitrary recalibration of the hours and days appears to me as a blatant breach of contract. 

 

It has been 45 days since the end of the strike and I still haven't been paid for the unworked hours.  I want to send a demand letter to the parties involved for the unpaid hours @ 12 hours per day x 10 days and include a notice of breach of contract.  Would be appropriate to format the letter in this fashion?  Also, does it appear, to you the reader, that there is a breach of contract in this case?

 

Regards. 

 

 

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Yes, you have a case.  Participants on this site aren't going to give advice on how to do things.  It sounds as if you are headed to court for the balance of your wages, although you might consider contacting the state department of labor first.

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Note that the DOL only enforces wage and hour laws for employees, not ICs. They also do not enforce contracts, only wage and hour laws. Under wage and hour law you are not entitled to pay for time not worked. Under your contract, you might be. The wording of your contract makes a huge difference. 30 calendar days is different than 30 working days. Same for hours owed.

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Hi @circlex

 

Welcome to the community and thanks for posting! So sorry to hear about your issue getting paid. In addition to the direction our other contributors have offered, our Learn About the Law section has helpful materials about reporting a wage and hour violation, and how to write a letter demanding payment.

 

Best of luck and keep us posted!

The FindLaw.com Team

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22 hours ago, circlex said:

Would be appropriate to format the letter in this fashion?

 

Not sure I understand the question.  You don't know how to format a letter?

 

 

22 hours ago, circlex said:

Also, does it appear, to you the reader, that there is a breach of contract in this case?

 

Maybe.  I'd have to read the contract -- or at least have the relevant portion quoted (not simply summarized).

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