IT professional not getting 1.5 month of pay, What to do?

[jamesbond 0]

Seniors,

I was working as IT professional on 1099 (Independent Contractor), I was laid off and consulting company is not paying me 1.5 month of pay saying they haven't been paid by client. I am in desperate need of salary to pay bills. What can I do?

[Deagle 494]

In order to take any legal actions you will need a lawyer and to take them to civil court, which will cost you money. Try talking to them and threatening them first by taking them to court, maybe they will pay.

[Ryan H 3,795]

Reach out to the Attorney General's office in the state you live in to see what your options are.

[jamesbond 0]

In order to take any legal actions you will need a lawyer and to take them to civil court, which will cost you money. Try talking to them and threatening them first by taking them to court, maybe they will pay.

Accountant sits in India and the consulting company is based out of US. I m owed around 15k but he seems least bothered and now stopped answering my phone and multiple emails inquiring about pay. When I looped in client, he said if I loop client again it will be breach of contract. In contract they have said, I get paid if client pays them but he was my employer not the client.

[KierenHby 897]

Seniors,

I was working as IT professional on 1099 (Independent Contractor), I was laid off and consulting company is not paying me 1.5 month of pay saying they haven't been paid by client. I am in desperate need of salary to pay bills. What can I do?

Take care of these bills first, before paying the discretionary AOS and IV fees. A savings account comes in handy when times are desperate.

Is this one of those shady Indian consulting companies?

[jamesbond 0]

Take care of these bills first, before paying the discretionary AOS and IV fees. A savings account comes in handy when times are desperate.

Is this one of those shady Indian consulting companies?

It's a consulting company in Milpitas, California. They work with few big clients but it seems paying the last check isn't what they are usually interested in which I am finding out now.

Contract says in 30 days they have to pay but if the client pays. Consulting company says client haven't paid them and in other words I will not get paid. I am owed amount around 15k.

Edited November 19, 2016 by jamesbond

[f f 725]

you need to loop in the state labor relations board. just cc them on the mails and make an inquiry. see how fast they get you your money when the state can come in and make thier life a royal pain. I would actually get the state involved any way since I'm sure there is a law or two against what they are doing. you performed a service for them and we're not paid. simple as that. it does not cost anything to get the state involved and by law your company can not punish you for filing a complaint. they may try to scare you which is another law they are breaking so document everything and submit the claim. good luck

[f f 725]

since you are in California here is a link to the main page

http://www.dir.ca.gov/dlse/

here is a link to file a complaint for owed wages

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

remember you worked in California there for california laws apply to you and there is protection against not being paid wages. and if they retaliate against you then you tell the board and they are in a world of hurt.

[MarkPerry 488]

In order to take any legal actions you will need a lawyer and to take them to civil court, which will cost you money. Try talking to them and threatening them first by taking them to court, maybe they will pay.

Civil court usually takes about 6 to 9 months before the case is heard, and in my state even if you win it is almost impossible to make the loosing party to pay. Basically a waste of time

[jamesbond 0]

since you are in California here is a link to the main page

http://www.dir.ca.gov/dlse/

here is a link to file a complaint for owed wages

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

remember you worked in California there for california laws apply to you and there is protection against not being paid wages. and if they retaliate against you then you tell the board and they are in a world of hurt.

Consulting company is in California. I am independent IT contractor who goes onsite where end client is located. I am Florida resident. End client is the world top retailer name starting with "W".

[f f 725]

you can still file a complaint against the company in California since the company is based there but I would try to find the equivalent government agency in Florida and file the complaint with them too. if you can't find the Florida one here is the national level one.

https://www.nlrb.gov/region/tampa#main-content

[MarkPerry 488]

you can still file a complaint against the company in California since the company is based there but I would try to find the equivalent government agency in Florida and file the complaint with them too. if you can't find the Florida one here is the national level one.

https://www.nlrb.gov/region/tampa#main-content

That is where I would start, Usually the state gets pretty tough on companies who don't pay workers.

[jamesbond 0]

you can still file a complaint against the company in California since the company is based there but I would try to find the equivalent government agency in Florida and file the complaint with them too. if you can't find the Florida one here is the national level one.

https://www.nlrb.gov/region/tampa#main-content

Thanks seniors, I will call them tomorrow as I am not able to find an email address to put in cc of the email inquiring about my pay from consulting company.

That is where I would start, Usually the state gets pretty tough on companies who don't pay workers.

Thank you sir, I will update you guys on how I proceed and outcome. These companies have gotten used to this because people let them get away.

[KierenHby 897]

They work with few big clients but it seems paying the last check isn't what they are usually interested in which I am finding out now.

Contract says in 30 days they have to pay but if the client pays. Consulting company says client haven't paid them and in other words I will not get paid. I am owed amount around 15k.

That sounds a bit off.. doesn't jibe with why your company has stopped answering your calls and emails.

[jamesbond 0]

That sounds a bit off.. doesn't jibe with why your company has stopped answering your calls and emails.

After several calls and then finally including few others from consulting company and the client I inquired why I am not being paid. In email consulting company mentioned client haven't paid but we processed your payment but I am yet to get anything since that email. Also, Consulting company threatening me saying if client is involved anymore they will consider contract breach.

Since then no replies to emails or phone and no pay. I am running out of savings by the day since I am looking for another project.