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What is required of an independent contractor to receive payment?

Greensboro, NC |

I own a music academy. All of my instructors are considered independent contractors and are paid a preset amount for each lesson they administer. Am I obligated to pay an instructor their "fee" if the student I have scheduled for them doesn't show up for it?

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Attorney answers 3


Under basic contract law, a contract is the law between the parties." If you are employing the instructors as independent contractors, and the contract is the law between you and the instructor, inspect the contract, presuming you have one, and if it doesn't contain a provision for this particular issue, and you have an established practice of not paying instructors for missed appointments, then you can't be compelled to be responsible for something so arbitrary as a student not showing up. If you don't have contracts drawn up for your business you should probably have a standard contract drawn up to protect you from these issues should they occur in the future.

<<DISCLAIMER>> Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually (and in some instances jurisdictionally) dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel IN YOUR AREA. A response is not intended to create, nor does it create, a continuing duty to respond. Also, Ms. Eskinde is licensed in Louisiana, so if you require immediate assistance, then you need to contact someone who is in your state, if outside of Louisiana.


Ms. Eskinde is correct. Your contract will control this situation and if you don't have one....get one fast. You should see an attorney to have to draft one to suit your needs.


I do not disagree with either of the answers previously posted, however, on a more practical note, how much could this fee possibly be? $50? $100? It is unlikely that anyone is going to take you to court over $100. It is possible, but extremely unlikely. In the event that they do, it will be small claims court where people routinely represent themselves, and a lawyer is more of an exception that the rule.
You should know that if you are sued in small claims court (or any other court) and you lose, the court may impose the court costs on you as well. So, it is not without risk.
Unless you are a huge business, a simple contract should handle these issues. For the matters arising before the contract, you should be able to work these issues out without involving the courts.

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