You do have some options, if you want to pursue them - Good Luck

There is really little recourse for an Independent Contractor who is not paid.  Basically, you can threaten several things, but you may end up having to go through with it in the end – which, I know, is a scary proposition for most people.   

If you are willing to let me know the State you live in and the State your former “employer” lives in, I can do some further research.  I might be able to learn more if you give the name of the company (you can email me, if you feel more comfortable). 

Options available to you. 

You can threaten to:

1.  Apply for Unemployment Compensation in the State you live in. 

By law, they are required to investigate all claims.  Every State is a little different in what questions are asked on the initial claim.  If your State has one that asks if you are an “independent contractor,” you can probably truthfully indicate that you are not sure.  There is a long list of criteria that have to be met in order to classify you as a “true Independent Contractor” as opposed to an Employee.  It is very likely that your “employer” is borderline on a few of those criteria, so you can honestly indicate that you are not sure if you are an Independent Contractor or an Employee.  Once that can of worms is opened, your “employer” could face some pretty hefty fines if the ruling goes against them.  Most “employers” would rather pay their Independent Contractor what is owed than have to go through that. 

2.  Contact the State Attorney General’s office. 

You would probably have to contact the Attorney General in the State that you live in, as well as the one in the State where your “employer” does business.  They have the power to fine “employers” who do not pay wages owed.  Most “employers” want to stay as far away from their State Attorney General as possible, so they will probably pay up. 

Every State has different ways to file a complaint.  You can call the Attorney General in your State to find out what you have to do.

Below is an excerpt from an article I found with reference to Massachusetts.  It is regarding how companies end up being audited to determine if they have Independent Contractors or Employees.  It explains a little bit more the role of the State Attorney General’s Office and Unemployment Office.   (Excerpt 1)

3.  File a Small Claims case. 

Although most States require that the claim be filed in the State where the dispute arose, there are a few States that will allow you to file in the State where you reside.  You really need to call the Small Claims Court in your City or County and ask them what they allow.  Many States now have the forms available to either fill out or print on-line.  Also, some States require “Mediation” before the case can be brought before a Judge.  In some States, “Mediation” can be conducted either by video conference or teleconference. 

Below is an excerpt from an article I found with reference to Florida.  It gives an amusing and information narrative of Small Claims in Florida.  This may or may not be the same as your State, but it does give some interesting information.   (Excerpt 2)

You really should do something.  I know it is tempting to give up because you think it will cost more to pursue it than what you are owed, but it sounds like this woman needs to find out that running a business means taking the bad along with the good.  Too many companies get away with not paying their Independent Contractors knowing few will pursue it.  That is just wrong.  There really should be more protection for Independent Contractors.  After all, just because the Federal and State taxes and Social Security are not taken out of a “paycheck,” they are still being paid to the Government.  I do not believe for one minute that your “employer” is going to send in the taxes for the $600 she did not pay you – the whole thing is going right into her pocket.  If the Government wants to keep collecting those billions of dollars, it should help Independent Contractors get paid what they earn. 

Good Luck.

EXCERPT 1: 

How do these seemingly private and arcane business relationships come to the attention of State auditors?  Usually, the presumed independent contractor/employee relationship ends badly.  The disgruntled “independent contractor” then makes report to the Fair Labor and Business Practices division of the Massachusetts Attorney General’s Office which is empowered to enforce Massachusetts laws relating to the payment of wages.  Another more likely path to an audit occurs when the former “independent contractor” mistakenly believes that they are entitled to unemployment compensation and makes an application for unemployment benefits.  Obviously, an independent contractor cannot collect unemployment compensation benefits, however, an application for such benefits triggers an investigation and hearing by the Division of Employment and Training.  If the Division determines that a company has misclassified an employee as an independent contractor, it will audit the company for unpaid benefits on behalf of that worker, seek compensation for payment during the worker’s tenure with the company, and demand payment for other similarly situated workers.

EXCERPT 2: 

Inside the small-claims courtrooms of Central Florida, casualties of the economy fill up the dockets.  Unpaid workers trying to collect from cash-strapped employers.  Landlords going after back rent.  Credit-card companies wanting their money.  Homeowner associations and condominiums owed delinquent dues.

"It's definitely economic driven — a lot of them want to pay their bills and can't," Orange County Civil Court Judge Antoinette Plogstedt said.  In Orange County, the number of small-claims cases increased from 14,333 in 2006 to 16,872 in 2008.  The increase reflects the numbers of people falling behind on their rent, mortgages, loans, payrolls and expenses.

Every day on average, 46 people file a small-claims lawsuit in Orange County.  Many know little about the "people's court" other than the histrionics and bad behavior they see in the afternoon court TV shows.  Little of that goes on in the Orange County courtrooms, where the civil court judges have little signs on their desks that read "Professionalism demands courtesy" — a reminder that civil court should remain civil.

In Orange County, all small-claims cases must go through pre-trial mediation before they reach a judge.  Mediators — volunteers trained in impartial conflict resolution — meet with both sides to determine whether the dispute can be settled out of court.  In 2008, 75 percent of the 6,931 cases in Orange County that went to mediation were resolved without a judge.

On a typical day, 100 small-claims cases will be scheduled for mediation. Three out of four involve credit-card debt, delinquent car payments, bank loans and payday advances.  Only about 20 — a fifth of the cases — actually show up.

Those entering mediation are often nervous and uncertain about how mediation works.  "I've never been through anything like this before," said a woman in mediation with her credit-card company.

She sat alone at the rectangular table where the mediator called the credit-card company lawyer for a teleconference.

"There's no pressure here," the mediator assured her. "You are in control today."

So glad you posted this info... - Serious

I may need help if my ex-employer does not give final check - on a timely basis, sooner rather than later.

When Final Paychecks are due according to State Law - Good Luck

In researching TTS, it appears that they offer both Employee and Independent Contractor positions.  Since you did not state in your post which you are, I will give both scenarios.

If you are an Independent Contractor, your options are limited to Small Claims Court or trying to convince them that it is in their best interest to pay you right away.   From what I have read, that company is prime for the Employee versus Independent Contractor status misclassification.  If you are laid off or fired, I would definitely apply for Unemployment Compensation.  You may very well be determined to be an Employee and, therefore, would qualify.  

If you are an Employee, it is much easier to remind them that you should be paid promptly.  You would follow the laws of the State that you live in (not the State TTS is in).  Simply Email them the information below, citing the Ohio Labor Law.  I am surprised that Ohio does not have any laws regarding Employees who are fired.  However, I am sure TTS has no clue what goes on in Ohio – they may know about New Hampshire only.  So just include the information about when and the Labor Law citation (conveniently leave out the part about that it is for Employees who quit.  LOL)   

From the United States Department of Labor Website:  

“Employers are not required by federal law to give former employees their final paycheck immediately.  Some states, however, may require immediate payment.  If the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the State Labor Department.”  

For Ohio that would be:  

Department of Commerce

77 South High Street, 22nd Floor

Columbus, OH  43215

(614) 644-2239

Or you can go to their website  

To find information about a particular company, the first place to start would be the State’s Secretary of State’s Office.   If the company is registered and files Annual Reports, those might be on-line and will give a wealth of information regarding the company.  Each State has their own requirements and laws.   

In the case of New Hampshire:  

“New Hampshire law requires that anyone doing business under any name other than his or her own must register that name with the Secretary of State.”   

You can find the name and address registered, along with a one-page 2010 Annual Report, which really does not give much additional information, but is interesting anyway.   

Below is the chart for when Final Paychecks for EMPLOYEES are required by State Law to be disbursed.  It might be something everyone should copy and save for future reference – just in case.   

Hope this helped.   

Chart: Final Paychecks for Departing Employees

Many employers break these laws out of ignorance. They assume that paying the employee on the usual payroll schedule is sufficient. But violating these laws -- even unwittingly -- can be costly. In some states, if an employer fails to pay a departing employee within the legal time limits, the employer may have to pay additional penalties, interest, and the attorney fees and legal costs the employee has to spend forcing the employer to comply.    

Here is a rundown of state laws regarding the timing of final paychecks:

Extra information about TTS - Winnie

Thanks for the info Winnie - This does make me wonder about TTS.

When were you terminated by TTS? - My experience

Termination 04/28/10 - final check due 05/21/10 - TTS error