Legal Question in Employment Law in Florida
Florida: Paycheck/1099 Not Received
Decided to leave a job after one month. Gave them 2 months notice. Worked 3 months in total. They categorized me as an independent contractor even though I met all requirements as an employee-part of the reason I wanted to leave. Was paid every 1st and every 15th of the month without consideration as to how many days in the month there were, hours worked, weekends, holidays, etc. I was paid on the 15th but stayed up to, and including, the 23. Do I not deserve a pro-rated paycheck for the 8 days I stayed on after my last pay period? If they pro-rated my salary for those 8 days, they owe me about $800. My date of separation was mid November. To date (February), despite multiple attempts to recover my final paycheck, they have not responded. Nor did I receive a 1099. Three issues: independent vs employee, not receiving final wages, not receiving 1099. Will the Dept of Labor in FL help me? Will I get in trouble for the misclassification of my employment status (ind vs employee)? How can I get the money they owe me?
2 Answers from Attorneys
Re: Florida: Paycheck/1099 Not Received
Both Federal and FL state law protect an employee's right to be paid for time worked. In your case you may or may not be eligible for coverage under these laws depending on the duties at your job and the revenues of the employer. If you are, you can sue your ex-employer for the unpaid $800. Additionally if you worked more than 40 hrs in any work week you may be eligible to collect unpaid OT.
Under these laws you may also be eligible to receive liquidated damages (double what you're owed) as punishment for the employers illegal behavior.
With regards to taxes generally you are responsible for Fed income tax on all income earned.
You may chose to proceed through the Wage and Hour Dept of the DOL or by private lawsuit.
In the event you bring a private lawsuit the attorneys fees and costs are generally paid by the employer in a successful case.
I handle these cases regularly throughout FL. If you'd like to discuss your options feel free to call me at (877)456-WAGE.
Re: Florida: Paycheck/1099 Not Received
If you meet the requirements of an hourly employee then you cannot be paid as an independant contractor, even if you initially agreed to that. You may have to sue for final wages. You have to declare the income to the IRS on your taxes, but you will not "get in trouble" for the misclassification. I suggest you speak with an attorney. You can call me or send an email if you like. Kelly
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