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Old 09-26-2013, 09:13 PM
Yankeedownsouth Yankeedownsouth is offline
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Legality of 1099 Employee's and going after money owed

Hi folks,

I have a couple of questions maybe some of you might be able to help me with.

Recently I was laid off by a company I've been working for in the county since March. He required me to sign a 1099 and also sign a form stating if I was hurt on the job that it's not his problem. What's the legality of this situation?

Secondly, this same employer also owes me about $900 of wages that I was never paid. I'm not really sure how to go about getting that money back except small claims? How do I prove that he does indeed owe me money? Is it up to him to prove to the courts that he doesn't owe me money, or is it up to me to prove with facts he does?

The guy is a real dirbag so I'd like to stick it to him for treating his workers like crap and not making right on money owed.

Two years ago I was employed by a company that worked in The Villages who tried to use a loophole as "farm time" (they owned a nursery) to not pay any overtime. Long story short I had the Labor and Wages Dept open up a huge investigation requiring them to pay fines and all back wages to every employee who worked there in the last two years. Maybe they can help me this time too?

Thanks.
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Old 09-26-2013, 09:15 PM
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Call them again.
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Old 09-26-2013, 09:26 PM
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Patriot Services Patriot Services is online now
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Burden of proof will fall on you. Best to consult with someone like Morgan and Morgan who specialize in those types of cases. They can tell you if you have a case and they only collect if you win.
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Old 09-26-2013, 09:30 PM
Judo Judo is offline
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If you have worked for the guy a significant amount of time per year, then you are an employee and not a subcontractor. Also, his insurance company should audit his Company every year to make sure all employees have the proper workman comp coverages. I would contact the department of labor for your state.
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Old 09-26-2013, 11:43 PM
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Landscape Poet Landscape Poet is offline
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Burden of proof will fall on you. Best to consult with someone like Morgan and Morgan who specialize in those types of cases. They can tell you if you have a case and they only collect if you win.
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Morgan and Morgan or KEL has free walk in Wed. consultations. Either way I would say a simple meeting with them would prove if they think you have a valid case and or if it is worth pursuing. Simple fact is that if they do not think you have enough to prove a case they will not want to be your lawyer or will ask you to pay up front and not only collect if they win!

The big concern for the former boss /owner would actually be with the state and federal Gov't as well as his insurance provider assuming he is large enough to be required to have workers comp. IF you really are just wanting to ensure he get him to treat other properly in the future...these would be were I start.
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Old 09-27-2013, 08:40 AM
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Simply go down and file for unemployment compensation, that will get things started.
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Old 09-27-2013, 11:26 AM
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Simply go down and file for unemployment compensation, that will get things started.
The following is only Hear say.

A 1099 subcontractor must supply his own transportation and tools. If he drives/rides in the company truck and uses company tools, he is an employee not a sub contractor. Employees must have workers comp and pay taxes & SS.

1099 subcontractors must also pay SS & Taxes.




Under Fla Chapter 482, Commercial Pest Control company can not 1099 any employee. If I so much as hire a spray hose puller for a day, I must put him on the books and take taxes out of his pay. This is one of the way the State is finding Rent A Licenses.

.
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Old 09-27-2013, 08:26 PM
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zturncutter zturncutter is offline
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Quote:
Originally Posted by Ric View Post
The following is only Hear say.

A 1099 subcontractor must supply his own transportation and tools. If he drives/rides in the company truck and uses company tools, he is an employee not a sub contractor. Employees must have workers comp and pay taxes & SS.

1099 subcontractors must also pay SS & Taxes.




Under Fla Chapter 482, Commercial Pest Control company can not 1099 any employee. If I so much as hire a spray hose puller for a day, I must put him on the books and take taxes out of his pay. This is one of the way the State is finding Rent A Licenses.

.
Patriot - I think this is one point Ric was making !
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Last edited by zturncutter; 09-27-2013 at 08:34 PM.
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Old 09-28-2013, 04:40 PM
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Quote:
Originally Posted by Ric View Post
The following is only Hear say.

A 1099 subcontractor must supply his own transportation and tools. If he drives/rides in the company truck and uses company tools, he is an employee not a sub contractor. Employees must have workers comp and pay taxes & SS.

1099 subcontractors must also pay SS & Taxes.




Under Fla Chapter 482, Commercial Pest Control company can not 1099 any employee. If I so much as hire a spray hose puller for a day, I must put him on the books and take taxes out of his pay. This is one of the way the State is finding Rent A Licenses.

.
I sprayed an Accountant's yard today and ask him about 1099 Employees. He said the IRS's definition would blow a lot of peoples minds. In other words a lot of companies using 1099 labor are in serious violation of the law.

.
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"TG doesn't give a rats ass about being "Responsible" as long as sales/production quotas are met. That's it in a nutshell. A recipe for disaster IMO." Ted Putnam 2/28/14

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"As Americans you have the right to be stupid." John Kerry

"Life is tough, but it's tougher when you're stupid.” John Wayne.
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Old 09-30-2013, 10:38 PM
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Quote:
Originally Posted by Ric View Post

Under Fla Chapter 482, Commercial Pest Control company can not 1099 any employee. If I so much as hire a spray hose puller for a day, I must put him on the books and take taxes out of his pay. This is one of the way the State is finding Rent A Licenses.

.
How do big boys especially get away paying there sales people commission only Ric? The generally allow them to use a company wrapped vehicle, but only pay commission. Are they still a employee and get paid min. wage for the weekly hours IF the commission does not outweigh the hourly wage at min?
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