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Employer refuses to pay for all hours worked
Not sure if this is the right section. There are two questions really.
First I have worked over 100 hours the last two weeks, Exactly 103 to be exact at 10 an hour. I will pay all the taxes at the end of the year under a 1099. So I should get paid 1030.00. He refuses to give the full amount, only 840.00. However I do have about $400 in checks I collected from his clients after finishing the work. So what can I do about him not paying my full hours. He doesn't keep track of my hours, I do. Also, since I did the work, and the checks were handed to me, can I cash the checks and subtract the difference? I quit and kept the checks after a big argument about him not paying. Any help? |
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No, if you cash checks that are suppose to go to him, that is theft and I am sure they will want "justice" for it. So you turn in in writing your hours, if he does not pay, you sue them in small claims court for what they owe you. Since you are not an employee, but a private contractor ( that is what 1099 is) you can't go to the department of labor which is where employees can go |
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I haven't had to work that much so I don't know much about the tax forms and stuff, when I was talking to him about it he said it would be stupid to do a w-4 as a subcontracter and that he would just file taxes at the end of the year. All I really understood is that I just going to have to pay taxes at the end of the year. The guy and the business was a joke glad I left. |
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As a 1099 worker ( you are not an employee) he does not have to pay any matching Social security funds, does not have to pay workers comp insurance and does not have to offer you any benefits. You will have to pay full taxes on this, so figure 30 to 40 percent of what you make should be saved to pay for the taxes on it ** average*** |
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I was also wondering since I am 23 hours overtime, do get overtime pay for those 23 hours. However, I was the only employee of this guy. I was also wondering, when I was hired our agreement was I was to be a full time employee, however in the first week I only worked 22 hours and the second week 29.5 hours. Isn't there a minimum of hours you have to pay for a full time employee. Since I was the only employee for this company he he exempt from those laws if they exist? Secondly isn't it illegal to have me hiried as a contractor by the hour and I don't have a license. |
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