Client Tracking Software

can i do this against the employer?

hi i work as a software consultant... i recently provided contracting service to one of the client in the bay area...through a vendor of the client.. now,because,there is a issue between the client and vendor, client or company doesnt want to pay the vendor...and in turn the vendor hasnt paid me for the past 2 months.... i have all the approved timesheets from the client or company for the work i provided..when i asked about this, the vendor says,as per my initial agreemnt with them,they cant pay me until the client pays them...is there any way i can initiate action against the client or vendor, for the services i provided but not paid... if i had to file a case,under what category of law, should i initiate a case, for the above issue....

Public Comments

1. Check to see what the agreement you signed with them says.
2. Get in touch with a lawyer. That's going to be your best bet. Good luck!
3. It sounds like you have a contract with the vendor but not with the "client" for the work you performed. If that is the case, it will be difficult for you to claim a breach of contract against the client. You could claim breach of contract against the vendor. Even though the contract says the vendor doesn't have to pay you until it gets paid, a court might decide that provision is unenforceable, especially if the vendor isn't doing enough to protect the interests of its subcontractors (i.e. you). If the Vendor never gets paid, you could bring a suit directly against the client for "unjust enrichment" or "quasi-contract." Essentially this theory says that an entity is not allowed to reap the benefits of your work without compensating you for that work. You may not, however, be paid your full contract balance under that theory. You would be paid "fair value." Depending on how much money we're talking about, you should consult with an attorney specializing in employment disputes, or look into your local public interest law resources. Many large cities have volunteer attorneys who will advise on issues like this free of charge.