Hi,
This is on an employer who fails to pay the money for the work done.
Actually I am writing this email for a relative of mine. He got a contract
with a company in West of Toronto to work from home. The contract rate was
orally agreed and not written in the original contract.
There was another developer also working remotely for him.
A team lead used to conduct status meeting once in couple of days. Everything
went well. I used to send him the weekly timesheet and later on the invoice also. After receiving the first invoice, he said ( through email) there will be a
slight delay in the payment but he will make sure its paid quickly.
Its going to be two months since I have been working for him. Last
week after sending the third invoice, I asked him to make the payment, otherwise I won't be able to spend any more time on the project. I used to login to their machine and do most of the work there. The latest source code and other modifications are also with him.
After receiving the email, he called up and said that he will
be able to make any payment ONLY after the project is over. I informed him that this was not communicated early. He also started saying that he will also
get paid only after the project is over. But none of this was conveyed to
us early.
How do we get the money for our effort ?
We will have to find a lawyer ? Is there any alternatives ?
With Regards
AdityaAkash
Location: Western Hemisphere
Posted on: 26-05-10 13:08:59
Is there a written contract about the project itself? If not, it would be difficult to pursue settlement. If there is a written contract and there is no compensation mentioned, I am not sure how that would be a valid contract in the first place since contracts have to have something in return for both parties.
You may be able to see legal counsel and see if any of the invoices, phone records, email records, computer login records would be sufficient evidence to pursue legal action.
Since the employer says payment would be done upon completion, maybe it's not too late to get something in writing to that effect at this time and then complete the project. If the employer is not willing to put anything in writing, then I would suspect fraud.
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Dimple2001
Hi,
Nice to see your response.
We have a written agreement, signed by both parties.
But this agreement doesn't mention my hourly rate.
It was originally agreed up on between us orally.
We have the email proof of timesheets sent and the invoices.
Included is the communication between the team members, done mostly through email.
Is there any labour relations related organisations(government or voluntary) where this could be raised ? Is there any other organisations other than lawyers where this could be taken up .?
With Regards
AdityaAkash
Quote:
Originally posted by adityaakash123
Hi,
Nice to see your response.
We have a written agreement, signed by both parties.
But this agreement doesn't mention my hourly rate.
It was originally agreed up on between us orally.
We have the email proof of timesheets sent and the invoices.
Included is the communication between the team members, done mostly through email.
Is there any labour relations related organisations(government or voluntary) where this could be raised ? Is there any other organisations other than lawyers where this could be taken up .?
With Regards
AdityaAkash
It does not matter that hourly rate was not written on the contract. Did your employer accepted the invoices. Did you mention on invoice -"Payable on receipt"? If he has not paid on due date you can stop the work. Are you an independent contractor or an employee?
You need to do some arm twisting here. Stop the work and ask him to pay the invoices first. The individual who is not paying now, will not pay later. You can go to small court for resolution.
