Legal Question in Employment Law in Illinois
A former employer has taken a large deduction from my final wage payment claiming that because I was an independent contractor it was my obligation to pay for a road violation. According to the State of Illinois statutes, I don't really fit into the IC category because I didn't have any 'proprietary interest' in the business and couldn't sell or transfer it to someone else. It's been over a year since I worked for this company so I can't go to the Illinois Department of Labor for help. How do I get my money from him?
1 Answer from Attorneys
Whether you were an employee or independent contractor is not always that black and white. One of the simplest ways of determining whether you were or not, however, is how your compensation was reported to you for tax purposes: did you get a W-2, or some form of 1099. If you received a W-2, then you were an employee and generally Illinois doesn't allow employers to deduct for damages that employees cause. if you received a 1099, however, then the employer attempted to consider you an independent contractor, and then there should be a contract or some other contractual understandings. If you had no contract or other contractual understandings, your "employer" may have been cheating Uncle Sam. So first take your tax papers and any other employment related documents to a tax consultant to help determine whether you were an independent contractor or truly and employee. As taxes will be due eventually, it may not be a bad time to take that first step. Depending on the answer you get, you can then think about filing a claim with the Illinois Department of Labor, or through an attorney, or pro se in court.