I’m an Independent Contractor and Didn’t Get Paid

As an independent contractor, you work hard to provide services, meet deadlines, and fulfill agreements with your clients. Unlike traditional employees, independent contractors are not covered by many wage and hour protections under federal and state law. However, that does not mean you have no rights. If a client or company refuses to pay you for your work, you have legal options to recover your unpaid wages.

At Gordon Law Group LLP, we help independent contractors fight for fair treatment and hold businesses accountable for unpaid wages. If you haven’t been paid for the work you completed, here’s what you need to know about your rights and legal remedies.

Are Independent Contractors Entitled to Payment?

Independent contractors work under agreements specifying payment terms, deadlines, and the scope of work.
Unlike employees, contractors are not covered by wage laws such as the Fair Labor Standards Act (FLSA), but they still have the right to be paid under contract law.
If a client refuses to pay after you’ve fulfilled your contract, they may be in breach of contract, and you may have the right to take legal action. For more information on independent contractor rights, visit the U.S. Department of Labor’s classification guidance.

Common Reasons Clients Fail to Pay Independent Contractors

Claiming the Work Was Not Completed – A client may argue that your work was incomplete or did not meet the agreed-upon standards as an excuse to avoid payment.
Disputing the Contract Terms – Some businesses try to change payment terms after the work is done or claim misunderstandings about pricing or scope.
Delaying Payment – Late payments are a common issue for contractors, but excessive delays or complete non-payment may indicate bad faith business practices.
Misclassifying Workers as Contractors – Some businesses intentionally misclassify workers to avoid wage and labor laws. If you’ve been treated like an employee but classified as an independent contractor, you may be owed back wages under Massachusetts wage laws.

Steps to Take If You Haven’t Been Paid as an Independent Contractor

Review Your Contract – Carefully review the terms of your agreement, including payment deadlines, invoicing procedures, and dispute resolution clauses. If there’s no written contract, check email conversations, invoices, or verbal agreements that outline payment expectations.
Document Everything – Keep detailed records of the work performed, including communications with the client, completed tasks, and any payment promises. Maintain copies of invoices, work orders, and deadlines met. If the client refuses to pay, having a paper trail strengthens your case.
Send a Formal Demand for Payment – Before taking legal action, send a written demand letter to the client outlining the amount owed, the original due date, and a deadline for payment. Include a warning that legal action may be taken if the issue isn’t resolved. The Federal Trade Commission (FTC) provides additional guidance on dealing with unpaid invoices.
File a Wage Complaint or Small Claims Case – In Massachusetts, independent contractors may be able to file a breach of contract claim in small claims court if the unpaid amount falls within the court’s monetary limits. If you suspect misclassification as an employee, you may be eligible to file a claim with the Massachusetts Attorney General’s Fair Labor Division. For further legal support on contractor protections, visit the National Labor Relations Board (NLRB).

Can Independent Contractors Sue for Unpaid Wages?

Independent contractors cannot file wage claims under the Massachusetts Wage Act, but they can sue for breach of contract or unjust enrichment if a client refuses to pay.
If a business misclassified you as an independent contractor but treated you like an employee, you may be eligible for wage protections, including overtime and minimum wage payments.
If multiple contractors have experienced non-payment from the same company, a class-action lawsuit may be possible.

If you’re unsure whether you were properly classified, consult with an employment attorney to explore your legal options.

How Gordon Law Group LLP Can Help

Assess Your Independent Contractor Status – We will review your work arrangement to determine if you were properly classified or if you may be entitled to additional wage protections.
Send Legal Demands and Negotiate on Your Behalf – We will draft a formal demand letter to your client, increasing the chances of resolving your payment dispute before going to court.
File a Breach of Contract Claim – If the client refuses to pay, we will pursue legal action to recover your unpaid earnings, late fees, and additional damages.
Advocate for Misclassified Workers – If you were wrongly classified as an independent contractor, we will fight for back wages, benefits, and penalties owed under Massachusetts labor laws.

Why Addressing Unpaid Wages Matters

Financial Stability – Your work deserves fair compensation—allowing clients to avoid payment sets a dangerous precedent.
Holding Businesses Accountable – Legal action discourages companies from engaging in bad-faith business practices with other contractors.
Protecting Independent Contractors – Taking a stand helps create a fairer business environment where all contractors are paid properly for their services.

Contact Gordon Law Group LLP Today

If you’re an independent contractor who hasn’t been paid, you don’t have to navigate this challenge alone. The attorneys at Gordon Law Group LLP are ready to fight for your rights and ensure you recover the wages you’ve earned.

Visit www.gordonllp.com to learn more about how we can help. For immediate legal assistance, call us at (800) 403-7755 or fill out our consultation form at www.gordonllp.com/contact-us/.

You worked for it—you deserve to be paid for it. Let Gordon Law Group LLP help you get the compensation you are owed.