I have worked with a company where the owner of the company ( registered architect) owes me close to 9 weeks of pay. I was an 1099 employee , what options do I have ?
- I can file commercial claim in the small court , ( NYC wage laws does not cover 1099 )
besides that what actions can I take ?
Flatfish
Apr 10, 16 11:13 pm
If you worked in this architect's office, using the firm's equipment, had set hours, and were not in control of your own methods of completing the work, then you probably can't legally be classified as an independent contractor. You can report this firm to the Department of Labor.
b3tadine[sutures]
Apr 10, 16 11:44 pm
9 weeks. nyc? time to call someone in from nj.
Non Sequitur
Apr 11, 16 6:45 am
Why did you wait 9 weeks? 2 weeks no pay should be enough.
archiwutm8
Apr 11, 16 6:58 am
That's if you get paid weekly.
null pointer
Apr 11, 16 8:01 am
Call the owner, tell him you're about to file liens against the projects you worked on.
Done.
Volunteer
Apr 11, 16 9:22 am
He may be planning to loot the company for whatever is there and then file for bankruptcy. What does he say when you confront him - or is he already in the Caribbean?
masochist
Apr 11, 16 11:05 am
Well, its mostly avoidance technique. you will get paid once I receive payment from my clients. Which never came. Can AIA have any ground in this?? Can that persons license be suspended for misconduct ?
Lien against project ? I dont know how to do that.
I think I will go by Dept of labor and small court commercial claim then see how that goes.
Thank you everyone!
Aluminate
Apr 11, 16 11:17 am
If you report it to AIA it could eventually go to a hearing and at worst he'd be sanctioned or censured - this amounts to public shaming - he just goes on a list in a newsletter, and gets a stern letter - there are no fines, and no monetary help for you. Plus it takes months to years.
The Dept of Labor is your best bet - he shouldn't be classifying you as an independent contractor, and they can help force him to pay you, as well as fine him and collect the back worker's comp and unemployment insurances that he owes the state.
You can't usually file a lien on an unbuilt project. In some states architects can't file liens at all. In any case you'd be filing the liens against the property owners - you wouldn't likely collect anything until they needed to seel or use the property as collateral - and you'd have to keep renewing them annually. It's not a practical solution to your problem, except again for shaming purposes.
If you are legitimately a consultant, and if your contract doesn't say anything preventing it, he can hold your payment until he receives his payment from the client. That's why your contract as a consultant should have something in it about payment being due within 14 days or 30 days, and not contingent on the firm collecting from the client.
null pointer
Apr 11, 16 11:18 am
Do you have a contract?
Go to a collection agency.
chigurh
Apr 11, 16 11:27 am
don't think you can file lien without a judgement - take your employer to small claims - I've done it which is a good experience to learn how all of that works (won't be the last time you get screwed on a bill). You will have to hire somebody to serve them with a summons to appear in court. Your boss will probably flake out, you will be awarded a judgement in the full amount - then you have options to go to collections which sucks cause those dirtbags take half the money or you can file a lien against your employers assets and wait.
If he does appear in court, make sure you have all of your paperwork in order to show how much you worked, any contracts in place - cover all your bases, print old e-mails anything that can be used as proof that you worked what you said you worked.
Be sure you never want to interface with this guy again before you head down this road.
null pointer
Apr 11, 16 11:31 am
you can file a lien without a judgment in NY.
this is basic knowledge.
masochist
Apr 11, 16 11:51 am
Ok, thanks a lot folks. No I do not have a contract , something was sent but there were mistakes in filling it up which was never remedied. But I have those emails.
Everyday Intern
Apr 11, 16 12:26 pm
You're an independent contractor without a contract ...
sameolddoctor
Apr 11, 16 12:33 pm
AIA,sure just try it. [hahahaha]
Everyday Intern
Apr 11, 16 12:33 pm
Was it on Archinect a few weeks ago that someone posted this video? I think it's applicable to your situation.
masochist
Apr 11, 16 1:01 pm
lol^
baker1
Apr 12, 16 5:04 pm
Do you have contract?If not,you should request to pay you weekly.
I have worked with a company where the owner of the company ( registered architect) owes me close to 9 weeks of pay. I was an 1099 employee , what options do I have ?
- I can file commercial claim in the small court , ( NYC wage laws does not cover 1099 )
besides that what actions can I take ?
If you worked in this architect's office, using the firm's equipment, had set hours, and were not in control of your own methods of completing the work, then you probably can't legally be classified as an independent contractor. You can report this firm to the Department of Labor.
9 weeks. nyc? time to call someone in from nj.
Why did you wait 9 weeks? 2 weeks no pay should be enough.
That's if you get paid weekly.
Call the owner, tell him you're about to file liens against the projects you worked on.
Done.
He may be planning to loot the company for whatever is there and then file for bankruptcy. What does he say when you confront him - or is he already in the Caribbean?
Well, its mostly avoidance technique. you will get paid once I receive payment from my clients. Which never came. Can AIA have any ground in this?? Can that persons license be suspended for misconduct ?
Lien against project ? I dont know how to do that.
I think I will go by Dept of labor and small court commercial claim then see how that goes.
Thank you everyone!
If you report it to AIA it could eventually go to a hearing and at worst he'd be sanctioned or censured - this amounts to public shaming - he just goes on a list in a newsletter, and gets a stern letter - there are no fines, and no monetary help for you. Plus it takes months to years.
The Dept of Labor is your best bet - he shouldn't be classifying you as an independent contractor, and they can help force him to pay you, as well as fine him and collect the back worker's comp and unemployment insurances that he owes the state.
You can't usually file a lien on an unbuilt project. In some states architects can't file liens at all. In any case you'd be filing the liens against the property owners - you wouldn't likely collect anything until they needed to seel or use the property as collateral - and you'd have to keep renewing them annually. It's not a practical solution to your problem, except again for shaming purposes.
If you are legitimately a consultant, and if your contract doesn't say anything preventing it, he can hold your payment until he receives his payment from the client. That's why your contract as a consultant should have something in it about payment being due within 14 days or 30 days, and not contingent on the firm collecting from the client.
Do you have a contract?
Go to a collection agency.
don't think you can file lien without a judgement - take your employer to small claims - I've done it which is a good experience to learn how all of that works (won't be the last time you get screwed on a bill). You will have to hire somebody to serve them with a summons to appear in court. Your boss will probably flake out, you will be awarded a judgement in the full amount - then you have options to go to collections which sucks cause those dirtbags take half the money or you can file a lien against your employers assets and wait.
If he does appear in court, make sure you have all of your paperwork in order to show how much you worked, any contracts in place - cover all your bases, print old e-mails anything that can be used as proof that you worked what you said you worked.
Be sure you never want to interface with this guy again before you head down this road.
you can file a lien without a judgment in NY.
this is basic knowledge.
Ok, thanks a lot folks. No I do not have a contract , something was sent but there were mistakes in filling it up which was never remedied. But I have those emails.
You're an independent contractor without a contract ...
AIA,sure just try it. [hahahaha]
Was it on Archinect a few weeks ago that someone posted this video? I think it's applicable to your situation.
lol^
Do you have contract?If not,you should request to pay you weekly.