I was an independent contractor for a company and got into an accident-it was ruled my fault and a week later I got terminated which I understand. The company made me pay some of the expenses out of pocket to fix our trailer and would be reimbursed. Once I was terminated, they have not paid me my final paycheck for my salary along with all expenses I have paid for more than just the repairs along with a balance from an expense report before. In my contract it states that I will be paid up to the day that I was terminated including any expenses paid. They have been giving me the run around and not giving me any answers for any questions to when I will be paid or if I will be paid. They said they are waiting for the receipts from the accident repairs and will get back to me. I have tried to talk to everyone at the company which the owners have not been compliant nor the "accounting department" will call me back. Is my salary not being paid a breech of contract? And can I be held personally responsible to pay out of pocket for the accident when I am in Independent Contractor in a company vehicle? Also it is a rented vehicle that the company signed off on to use their own company insurance??

Hello can I:

Sue them in small claims court.

excon

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Originally Posted by can I

I was an independent contractor

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Often "independent contractor" is a subtrofuge to avoid paying payroll taxes, unemployment insurance, etc. Is that the case here? If so, the arrangement might be biting you back.

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Is my salary not being paid a breech of contract?

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"Salary" is for employees, not independent contractors. This is one clue that you are not an IC and instead an under-the-table employees.

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can I be held personally responsible to pay out of pocket for the accident when I am in Independent Contractor in a company vehicle?

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Certainly.


What I suggest you do is go to your state's department of labor and see about filing a complaint for unpaid wages. In many states, an employer must pay final wages within so many days of termination. They could well determine that your employer was evading the employment taxes by calling you an independent contractor. That would be to your advantage.

Possibly the company is making sure that there are no other charges that need to be paid out prior to the release of your settlement after termination. Usually a trucking company waits for a month to be sure that there are no additional charges forthcoming that must be paid by the IC. If the company paid you and then discovered that another bill comes in for say towing charges, the company will have to pay the bill with no hope of reimbursement from you as you probably will have already spent the money.

Send the company a letter demanding a detailed breakdown of all the charges from the accident (even the ones you have already paid). Send it Certified Return Receipt Requested. Send the letter at least once a week until the company answers you on paper. Send it to the Safety Director.

Not an attorney here but in the state where I live, your final paycheck is due you, along with unpaid vacation. Check with your state attorney generals office for help. It is free!

Too, I think that if you get in an accident if you were doing company business, the company is liable for the accident. Check with an attorney to see about this and find out if you can get your job back.