Legal Question in Business Law in Ohio

I worked for a life insurance company. They paid me commission only for each policy I sold. I am a 1099 employee. After I quit, they said some policies could not be completed due to issues with the customer (not my work) and have billed me wanting their commission back. I quit 6 weeks ago and just recived the bill. Can they do that?


Asked on 4/25/11, 12:16 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following. Many 1099 persons paid as independent contractors, like you, are really employees. It's done so the employer avoids paying it's fair share of employment taxes, like social security, etc. You should contact your local employment development (or labor) department to report what's going on. They will investigate and take corrective action. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 4/25/11, 4:48 pm


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