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    jrkakadia's Avatar
    jrkakadia Posts: 2, Reputation: 1
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    #1

    Mar 9, 2010, 09:29 PM
    My employer is not paying me 1099
    I am IT consultant working with my employer on 1099. I completed my last project in Jan 08, 2010. I didn't get paid for last 1 and 1/2 month. Now he is not answering my call or not replying my email. So what are the options left with me to get my money?

    I did one mistake is - At starting of project (contract), I didn't have any documentation for it. I have one proof is client.

    So, can anyone guide me - what can I do?

    Thanking in advance.

    Jack, Chicago.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 10, 2010, 06:57 AM
    Are you really an employee or are you an independent contractor? If you are an employee despite a 1099 chirade, the state labor laws might include sanctions against your employer for not paying your wages when due. The labor department may be able to help you.

    Otherwise, you have no option but to sue the so-called "employer", perhaps in small claims court.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Mar 10, 2010, 08:43 AM

    I would send a letter, receipt requested, demanding payment.

    If you still don't get paid, go to Wage and Hour for your State.

    And, of course, you can always sue in Small Claims Court.
    jrkakadia's Avatar
    jrkakadia Posts: 2, Reputation: 1
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    #4

    Mar 10, 2010, 11:19 AM

    Thanks for your reply..

    I do not know that I am independent contractor or employee. They just used to give me 1099 at end of year without any benefit and without tax holding.

    If I want to send a letter, receipt requested, demanding payment? What I need to do? What is the procedure?

    Thanking you all in advance.

    Thanks,
    Jack
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Mar 10, 2010, 12:12 PM
    Quote Originally Posted by jrkakadia View Post
    ...
    If I want to send a letter, receipt requested, demanding payment? What I need to do? What is the procedure?
    ...
    Sorry, I'm confused. You want us to tell you how to write a letter saying "Pay me what you owe me or I will have to sue you"?
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