Legal Question in Employment Law in Florida
termination/exempt emloyee
My husband was terminated over the phone. Reason stated was that my husband had been ''saying bad things about the company'' He was considered a sub contractor (receives 1099 form) although he was paid hourly. Is this wrongful termination, is he entitled to worker's comp and is the company required to pay him overtime, since he was required to work it, but was only paid his base rate?
2 Answers from Attorneys
Re: termination/exempt emloyee
Your husband may not have been and ind contractor and may be entiteld to OT. Feelf ree to call my office for analysis.
Re: termination/exempt emloyee
If the nature of the duties your husband performed, and his overall relationship with the company, was really that of an "employee," then the mere fact that they classified him as a 1099 worker is not controlling. As a result, if he worked in excess of 40 hours per week, he may be entitled to recover unpaid overtime wages and he should consult with an attorney right away to determine what his rights are.
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