Legal Question in Bankruptcy in Illinois
Define Wages
My previous employer has filed for chapter 7 and has what he owes me marked as ''business services'' rather than wages. I billed him by the hour but he did not take out wages. I worked part time but worked the same set days and start time (end time when he decided) for a year and a half. Shouldn't he have filed what he owes me as wages, and how will this affect my outcome?
2 Answers from Attorneys
Re: Define Wages
From your description, it sounds like you were paid as an independent contract rather than an employee. You might be able to make the argument that you were actually a statutory employee. In any event, I highly recommend consulting with an attorney versed in both Bankruptcy law and Employment/Wage law to help you with making a proper claim against the employer as well as to help you succeed with your claim.
Re: Define Wages
From what I can discern, and reading between the lines, it appears that you were an independent contractor? Did you ever get a W2? Or did you get in past years a 1099? Based on what you related in your msg, it is impossible to make a conclusion.
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