I worked as an independant contractor with NO written agreement. Can they force me to pay back money?

I was an independant contractor. No written agreement. They paid a flat monthly rate to get certain tasks done. They paid me on the 1st of the month, for work to be done in the coming month (i.e. pay July 1 for all work in July).

I got a new job, and informed the company of it, and let them know that I could still preform 90% of my tasks, but that there was 1 in particular that I could no longer do.

They told me that they didn't need me to do the work anymore. Then they asked me to pay them back for a portion of what they'd already paid me.

Since I didn't quit, and they took the work away from me, can they legally request me to reimburse a portion of the pay? Especially since there was no written agreement?

michr

they made the choice to use a contractor instead of hiring an employee to get out of:
paying matching funds for social security and medicare, along with workers comp, disability, liability and unemployment insurance.

this is a risk they took to save a buck, CONSULT AN ATTORNEY but i doubt they have any grounds at all(written or unwritten)
they pay you not based on completion of certain task or number of hours but for whatever work you complete in the month just so they could get around employment laws and their financial responsibilities. you have no agreement for specific task so do what you can in the month you have received payment for. they paid in advance for contract labor because it has been to their advantage so just do what you can and don't worry about the rest.

Doctor Deth

you should only have to pay back the unearned part of the current month's pay - half? since we're halfway thru July - you don;t have to pay anything back fro prior months

Annick J

Yes, it's called a verbal contract.

sincerely, see me

No written agreement, well it may just be their loss, unless they have proof of a contract and decide to take you to small claims court and speak with a judge.

Hosey

The proper thing to do would be to give the money back, regardless of whether you have a case or not.

tootst2

Yes, they can request you to reimburse them..You have been paid for a job which you cannot complete. If you were the Contractor, would you want to just "give away" monies to an independant contractor or a subcontractor for work you would have to pay another person or crew to complete? It isn't just a matter of the work not being completed, but it is also a matter of work ethic.

You COULD hold out until they take you to Civil Court, but this would make your situation even worse as you have already stated that you cannot complete the work which they have paid you for. Hold on to your work ethic and your reputation, do the right thing.

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