Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long did she work there for in the end?
you said she invoiced you for the work, was she an employee or self employed?
If she was actually self employed then it would e easier for you to argue she should not be paid. If she was an employee then you will be in a more difficult position because you will have to pay her for her contracted hours.
So assuming she was self employed you can argue that she has breached the contract herself in the first place and as such is not entitled to any payment. It all depends on whether she did any work expected of her or none at all, as that may require you to at least give her part-payment.
you can work on the evidence you have. If you have been told by the client hat the work was not done and she cannot prove that she did it, then you can consider not paying her until she provides the necessary proof
I'd say pay her the first 3 weeks and make it clear you are doing this in full and final settlement. If she accepts it then it will make it much more harder for her to claim for the rest as she has accepted it on condition it is a final settlement. There is nothing stopping her from going to court but you can call her bluff and see how far she actually takes it - if it is clear she will go as far as needed, you can reconsider your position.
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