Sears is holding my check. Is this legal?

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Sears is holding my check. Is this legal?
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I'm an independent contractor and was delivering appliances for Sears in MA. I had an issue with the hours they required me to drive as it was in violation of DOT regulations. They wanted me to be on the road for over 15 hrs a day & when I objected to that they terminated my contract. The biggest problem that I'm now facing is that they are holding my last check. I'm a small business & I desperately need my cash flow but they said they are holding it for 60 days!! I don't know what to do short of hiring an attorney which I cant afford. I had to pay my helper with money from my savings. I have tried getting my check but I keep getting the run around. One person states they are holding it in case I have any outstanding claims (suddenly one has materialized!) and the next person states that's what they do when a contractor quits...which I didn't..they terminated me. I have a bond with them which is supposed to be held but I don't understand why they wont give my my check. I worked for that check I put in alot of hours and labor. Do they have a legal right to hold my check?

LolaMesser

They can do whatever they want, they are sears. Even if you took them to court, They would get the best lawyer money can buy....sorry

Judy

Unfortunately, they probably do have that right. Many states have laws on when an employee must be paid, but those don't cover independent contractors. They can't just hold it forever, but 60 days would probably be considered reasonable. Fair? No, probably not. But legal? probably yes.

I suggest you click this link and find the correct phone number to call and ask regarding your situation. If you are lucky, you will be able to not only get your pay, but file a complaint with the board that will require Sears to pay a penalty fine as well.
Good luck.
http://www.mass.gov/?pageID=elwdhomepage&L=1&L0=Home&sid=Elwd

friends R gifts we give ourself

i want to say no, but every state has different laws. good luck.

littlegreenfox4u

well in most states you can file a complaint with the fair employment and in most states they will do all the work for you. No company can hold your check unless they have a court oder or you owe them money. check it out for your state just because they are sears. doesnt mean jack they can get the best lawyer they want but when you have the federal governemnt against you

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