Independent Contractors

Questions and Answers (316)

How do you pay Independent Contractors?
In a small business how do you go about paying Independent Contractors? applies to California · 1 answer

What breach-of-contract penalties can a for-profit have for independent contractors who are unpaid?
This is in regard to a festival that was founded as a 501c3 and later changed to a for-profit. People who volunteered for the nonprofit are being given a contract calling them independent contractors ... applies to Missouri · 0 answers

In AZ can an employer require an independent contractor sign a non compete without an expiration
I have been a pet groomer for over 30+years always working as an employee where we filed the standard w-2 tax papers. This year I began helping a friend who recently opened her own grooming shop and w... applies to Arizona · 0 answers

What does Arizona law say regarding payment of commissions to independent contractors?
I'm an independent contractor (sales person) and will be terminating my working relationship with the company I am working for. Receiving my sales commission has always been a struggle, and I anticipa... applies to Arizona · 0 answers

Can an independent contractors pay be changed retroactively? I know this is illegal in the case of an employee and employer, but what rights does an independent contractor have?
I am an independent contractor and have been told that my contract is going to be amended and the rate of pay will be deceasing on work that has already been done. Is is legal for a business to change... applies to Maryland · 0 answers

Can I re-write the non-compete, non-solicit contract myself or do I need an attourney to do it?
We bought an established business which uses independent contractors to carry out our services. We want to update the non-compete and need some help on what is legal in California. We don't want it to... applies to California · 2 answers

Purposely misclassified as independent contractor and then constructive termination?!
I think I was purposefully misclassified as an independent contractor. I had a verbal agreement to work 40 hours a week. The business was doing so poorly that they could barely offer me 8 hours a week... applies to Connecticut · 0 answers

Independent contractor salesperson in California
I know that real estate brokers hire agents as independent contractors and pay them commission only. Plus, they pay worker's comp and maybe some errors and omissions insurance. I'd like to hire a sale... applies to California · 1 answer

Can I provide clinical supervision to someone working as a 1099 independent contractor?
I am currently serving as a "Qualified Supervisor" for a "Registered Clinical Social Work Intern" (a pre-licensed therapist) in Florida. Can I hire her to offer therapy to clients as a 1099 independen... applies to Florida · 0 answers

Where do you report an employer that is paying his employees as independent contractors - no withholding and no matching FICA taxes
Employer is handing me cash and a 1099 at year-end applies to Arizona · 0 answers

I am not getting paid
In October of this year I was hired as an independent contractor. My pay was supposed to be Net 15 from the date of my invoice. To date, I have not been paid all that is owed to me and they are now la... applies to California · 1 answer

Legal Actions by Employer?
I have a friend who doesn't speak English who signed an agreement entitled "Independent Contractor, Non-Competition and Confidentiality Agreement." She works for a cleaning service and is not at all a... applies to Illinois · 2 answers

What are my rights when I'm being treated as an employed but I'm really an independent contractor?
I work in a salon and I pay rent, do my own taxes (1099). But in the last two years it has been made mandatory by the owner to go to staff meeting (one a month) and be apart of salon events. The event... applies to California · 0 answers

Are contractors entitled to severance?
We recently released an independent contractor from our business, who was working without a formal contract. Due to the sensitive nature of the work they were performing, we were unable to give notice... applies to Washington · 1 answer

what nullifies no-compete
I work as an appt setter from my home. I am paid hourly by a company that also reimburses me for my phone bill. The company I work for is adamant that I am an independent contractor. I signed a no-com... applies to Illinois · 1 answer

Restrictive covenants - Independent Contractors- Employee Misclassification?
I've been working at a dance studio as an instructor for 8 years now. At the time of my hiring I was made to sign a contract that stated I was an Independent Contractor but could not work elsewhere in... applies to Illinois · 0 answers

Help! My employer laid me off & did not pay me for 3 weeks worked or my vacation and sick leave. I filed a form 410. I have now received a objection to that claim what do i do?
EMPLOYER FILED CHAPTER 11 N TX WESTERN CT ON OR ABOUT 4/1/18 CASE #50788, CASE #50789 EMPLOYER DID MASS LAYOFF AT 2 SEPARATE TX LOCATIONS. THIS INVOLVE AROUND 20-30 HOURLY OR SALARIED EMPLOYEES AND OT... applies to Texas · 0 answers

Hello, We are starting a web-based business that will be hiring freelance stylists as independent contractors to perform services in private residences. Is it required by the state of Florida for us to obtain Liability insurance or for the stylist to carr
Liability insurance requirements in the state of Fl for freelance stylists performing services in private homes. applies to Florida · 0 answers

What's an Independent Contractor?
What makes an "Independent Contractor" an Independent Contractor (vs. some other kind of contractor or consultant)? Any specific suggestions on where to look for this info? Thanks! applies to California · 1 answer

On what basis does an employeer have to pay a mimimum wage?
I work for a local IT company. We are commission only (sales) and have been told that we are 'Independent contractors'. However, we are set hours we must work and clock in at the beginning and end of ... applies to Ohio · 0 answers

Soliciting business from clients
I am an Illinois LLC working as an independent contractor for a N.J. consuting company (X) at a client in Illinois. The contract I signed says: "Contractor shall not, without X's prior written approva... applies to Illinois · 2 answers

Can an independent contractor be held to a non compete agreement?
I started working as an independent contractor for a house watch service. Over a year later the owner ask me to sign a non-compete form and did not give me a copy. I would like to work for another hom... applies to Florida · 1 answer

A Contractor is harassing me
I am self employed. I was looking out for contractors to hire for a build out for my business.I had shortlisted 5 contractors. One of them I will call John started badgering me with phone calls. I tol... applies to Texas · 0 answers

Typical Length of Time at one client
I have a quick question regarding the testing for independent contractor v. Employee Status. I have reviewed the IRS 20-factor test for determining if an individual can be an independent contractor. A... applies to California · 2 answers

non compete as an independent contractor
dear mel, I had an agreement with a autoglass replacement co. in az, not as an employee but i was an independent contractor or as they called it a licensee. in the agrement we had there was a non comp... applies to Arizona · 1 answer

Compete Agreement after 3 years
I live and work in the state of Florida. I have been with my current employer for 3 years. I was recently offered a job working for a client of my current employer. My boss got wind of this and demand... applies to Florida · 1 answer

Transferring contractor's from one agency to another?
The company that I currently work for is submitting a RFP for a State Contract, and in the RFP the state wants to know how we will handle the contractors that currently work through other Staffing Age... applies to Texas · 1 answer

Independent Contractor Non-Compete Agreement
First, Thank You for your time and reply. I am an independent 1099 health and life insurance agent. I would be working for the company in Illinois. I am considering employment with a Florida based ins... applies to Illinois · 1 answer

Non compete contractor (non employee) situation
I have been working as a 1099 contractor for a guy (company "A") who has placed me as a contractor via another company (copmany "B") to a big firm (Company "C"). Company "C" allows contractors from on... applies to Arizona · 1 answer

Does the insurance agency for whom I work as an independent agent own my book of business?
I have worked as an independent agent for an insurance agency for 8 years. Recently, two other independent agents who also work in the agency bought it from the agent who started the agency. I do not ... applies to Minnesota · 0 answers

predating independent contractor agreement
I was wondering after working for a company 3 month in to my employment then being forced to sign and predate an independent contractor agreement to my first day i started working would the contracts ... applies to New Jersey · 0 answers

What can part-time indep contractors offer in terms of language to replace a non-competer clause?
I am being offered a temporary work assignment for 2 1/2 months as an independent contractor. I have worked for the company for 3 months via a staffing agency. The company now wants to make me a 1099 ... applies to Ohio · 1 answer

are non compete agreements for indipendent contractors inforceable?
I have owned a trade specific company for 12 years. Approx 8 years ago I was asked by a national company if I would continue to run my business under the national name which I agreed. There were no co... applies to Florida · 1 answer

Whats the best way to handle a boss saying you're an independent contractor when you're an employee?
My friend was hired as in independent contractor. He fills out a 1099 and signed a contract saying he was an independent contractor & won't sue for injury. They bought him insurance, supplies, set his... applies to Ohio · 1 answer

non-compete and returning as an independent contractor
Recently, I was terminated from my long term job because of a contract dispute. After a few months, the company asked me back as an independent contractor for more compensation than the previous emplo... applies to Maryland · 0 answers

Is an employment contract valid that offers the independent contractor no consideration?
Hi, and thanks in advance, A good friend of mine is a tattoo artist and showed me his contract which included a non-compete clause. The contract stated all the restrictions/conditions of employment fo... applies to Pennsylvania · 2 answers

Is a non-compete agreement enforceable for an independent contractor?
Is a non-compete agreement enforceable for an independent contractor if the document signed only states employee/employees of the company? This pertains to a dog grooming salon in New Mexico. I want t... applies to New Mexico · 0 answers

Can companies monitor the personal computers of independent contractors that work from home offices?
I work from home as an independent contractor, using my own personal computer and my home internet connection, that I pay for. (In other words, the company that pays me provided neither the computer n... applies to Washington · 0 answers

What are my right as an independent contractor. My last company hasn't paid me in 2 months. Im net45
I have worked or the same company for 3 years as an independent contractor. A very large corporation bought out the company in 2008 and I was kept on as an independent contractor. I have yet to be pai... applies to California · 0 answers

Hello, my name is Elizabeth, I am a Licensed Massage Therapist in Michigan. Was recently let go from position as an independent contractor(I paid my own taxes). I believe I signed a non compete. I can not get a hold of my file. If I did sign, is it enforc
Is non compete enforceable for massage therapist as independent contractor in Michigan? applies to Michigan · 1 answer

independent contractor held to non compete agreement
I am an independent contractor in a hair salon. I sign a lease annually. There is a non compete clause in this lease, stating that I cannot work within a 10 mile radius for a period of 3 years. I have... applies to Texas · 2 answers

Employer is asking to sign non compete for 1 year thereafter
Here is the content: Non Compete: During the term of this agreement and one year thereafter, independent contractor agrees to not provide any services in any capacity, with or for any company client f... applies to Florida · 1 answer

Can I file for unemployment if I was an independent contractor?
I was an independent contractor for a property management company in VA, but also do appraisals for my own company, but was just laid off for no reason other than they want to hire their son full time... applies to Virginia · 0 answers

I have been with a company in a contract position for six months. The contract is expiring. I received an offer of employment from another company in our same office , who does the same type work. We’re all contractors and subcontractors in the same ind
I have been with a company in a contract position for six months. The contract is expiring. I received an offer of employment from another company in our same office , who does the same type work. We�... applies to North Carolina · 0 answers

Can One Work Two Jobs Part Time At The Same Time, One As An Independent Contracter and one As An Employee? Doing the same job?
I presenty work as a Nurse practitioner, part time, as an independent contractor. I recently got another job to supplement income, doing the same duties but as an employee with taxes taken out weekly.... applies to Delaware · 0 answers

Hi my husband delivers furniture as an independent contractor for a furniture company. The company has called a
My husband is an independent contractor who drives a delivery truck for a furniture company. The company has called a mandatory meeting without pay. Is this legal in North Carolina? applies to North Carolina · 0 answers

90 day Non-compete. Can I get out of it-I am an independent sales rep
I have worked for a large business magazine for 9 years as an independent advertising sales rep and am not an employee of the firm. I am on a 100% commission compensation. I just resigned and was hire... applies to Connecticut · 1 answer

Can an employer withhold wages, if I refuse to sign a contractor agreement?
After being laid off, I worked for my former employer as an independent contractor. As an independent contractor, I provided consulting services to a customer of my former employer. The contract was f... applies to Pennsylvania · 2 answers

Hi Mel , I have a quick question, I worked as an independent contractor before getting hired as an employee (dispatcher) , after 2 months being hired I signed a non compete agreement , I am resigning and planning to work for our competitor as an independe
I will be leaving my existing job (dispatcher) and will be working for our competitor as an independent contractor for higher pay I need to know since I signed the non compete agreement can my employe... applies to Hawaii · 0 answers

Is a Non-Compete clause in a contract enforceable if I signed it when I was hired as an Independent
I was hired as an IC with a 1099 for first year and half of employment (probably should have been W2 from the start). I signed a contract with a no-compete clause to get the job. It even says in the c... applies to Massachusetts · 0 answers

I am starting a directv contracting company but i need to know what kinds of insurance i have to provide
How much liability insurance do I need. Also do I have to have workmens comp insurance since I will not have employees but self-contractors. applies to Oklahoma · 0 answers

Non-compete for contractors
I read your FAQ on non-compete. It mentions "employees" several times. Can a contractor who receives a 1099 and no benefits be held to a non-compete? applies to Ohio · 1 answer

Is it a breach of contract by hiring someone as an independent contractor that is under non-compete
Our company has a Settlement Agreement for 10 years, non-compete with our competitor which states upon termination or resignation, you may not work for the competitor for 2 years. The ten year agreeme... applies to Ohio · 2 answers

Non-Compete for an unpaid Independent Contractor
I direct pageants- I was presented with a contract with a company after 9 months of hosting pageants for them.... I had invested 1,000's of dollars on signage and other items so when I was presented t... applies to North Carolina · 1 answer

Is my non solicitation valid
I have a non solicitation agreement with my employer's employer. My employeer is an insurance agent(independent contractor of the insurance company he sells for). I don't have any written agreement wi... applies to Utah · 0 answers

Wa State L&I found my former employer to be in violation by classifying me as an independent contractor instead of employee. Plus I was wrongfully terminated and awarded unemployment. It's now time to file my taxes but former employer sent me a 1099 form.
My former employer misclassified me as an Independent contractor, however, L&I has recently changed that because my old boss was calling me that in order to save tax dollars. Well now I need to file m... applies to Washington · 0 answers

I work as a medical livery driver in Massachusetts and work 60hrs a week at 14 dollars an hour but no overtime. Is this right? I did research and i am really not a independent contractor nor sub contractor because i am supervised after every stop and told
I work as a medical livery driver in Massachusetts and according to them i am a independent contractor or a subcontractor but after reading the law o am not. They tell me where to go and who to pick u... applies to Massachusetts · 1 answer

What should you do if your employer won't sign a standard independent contractor contract?
What should you do if your employer won't sign a standard independent contractor contract, demands that you perform out-of-scope work per your "offer letter" that was "to stand in lieu of a formal con... applies to Massachusetts · 0 answers

I was recently fired with reason of
I developed and set up the HR department for a property management company. They have numerous violations: hiring illegals as "contractors" I 9 violations, overtime violations, racism (they do not wan... applies to Texas · 0 answers

If I think I have been misclassified as an independent contractor, what's the best way to proceed?
I am an Ohio resident, and I have worked with a company headquarted in Ohio to provide security services for natural gas wells at locations in Pennsylvania since 9/21 of 2010. As of 8/20/2011, I was c... applies to Ohio · 1 answer

Is the non compete clause enforceable to an independent contractor physician in Arizona
Hi there, I am an independent contractor (physician) for a group that contracts with a hospital in the Scottsdale AZ area and I provide hospitalist services. I have been with them for 2 years and I si... applies to Arizona · 1 answer

Work for a home health industry in california as a full time salaried marketing. They converted me to full time to independent contractor but they havent given me my paycheck yet? What is the time line for me to get my check since I am not a refular emplo
Worked full time salaried in a home health industry as a marketing. Employer just decided to change my status to full time to a independent contractor as of feb.1 what's the time line for my last chec... applies to California · 0 answers

Is my noncompete void?
I am an independent contractor with a publishing company based in California and edit content for them. I have a job offer from a company in Texas to be a team leader for SAT/ACT content which is some... applies to Texas · 0 answers

Employee misclassified as Independent Contractor
I was hired by a company to work as an employee in their IT department as a Web Developer. After almost 2 years of employment I was switched to independent contractor status and allowed to work from h... applies to Texas · 1 answer

Does the insurance agency for whom I work as an independent agent own my book of business?
applies to Minnesota · 0 answers

Employee Misclassified as Independent Contractor
I was hired by a company to work as an employee in their IT department as a Web Developer. After one year and 10 months of employment I talked to my employer about plans to move approximately 100 mile... applies to Texas · 3 answers

I am a self-employed, sometimes i have 2 or 3 employees temporarily.. if they quit or i have not enough job for them. I need pay them unemployment?
I am work for my own, a contractors give me jobs and i hire somepeople , but sometime the job is not enough , the look for another jobs or they quit, i want to know if by law , they can complain and a... applies to Arkansas · 0 answers

Can my employer obligate me to pay tuition for a required class upfront?
My employer is asking me to pay upfront for tuition for a class that was a job requirement, and then submit the cost of the class for reimbursement. The payment has to be made to the school (which is ... applies to New York · 2 answers

Is a fixed hourly rate (with no guarantee of work) sufficient consideration to enforce a non compete clause as an independent contractor?
While unemployed, I was approached by a custom software development shop, and offered an opportunity to consult for one of their clients. Initially, they led me to believe I would be an employee. Afte... applies to Utah · 0 answers

If I was an independent contractor in Sales and was terminated am I still entitled to my last payroll check? Please advise. Thank you.
This question is from New York State. Thank you. applies to New York · 1 answer

I recently resigned from my job due to undue stress. dtress was due to my supervisors husband calling me asking me personal questions about his wife and wanted me to spy on her i said no and told my supervisor he called he then got angry. He called a vend
I recently resigned from my job however I recanted and sent documentation to HR for investigation and they decided to except my resignation. I had major undue stress due to my Supervisor's husband cal... applies to Texas · 0 answers

We are independent territory reps paid only commission on our sales. We are looking start our own type of business and the company we contract under has a non compete. Can this be upheld in the state of Nebraska. Again we are only paid commission there ar
We are independent territory reps paid only commission on our sales. We are looking start our own type of business and the company we contract under has a non compete. Can this be upheld in the state ... applies to Nebraska · 0 answers

The company that has paid my corporation for three years wants to make me an employee,start taxing,and w-2 me. I want to stay independent and keep paying my Corp.
Would love an answer or advise. applies to California · 1 answer

Non-Compete as an independent distributor
Will non-compete hold up, if I did not sign anything regarding the bonus program? I signed an independent distributor agreement in California with a Company from Cleveland, Ohio 23 years ago. It says ... applies to California · 1 answer

I am classified as an Independent Contractor in Sales. This is a misclassification. I am told what to do, when to do it, where to be and when, etc. I am paid a gross commission, and receive a 1099. For many reasons, I am leaving this firm. I see the custo
See "question" applies to Minnesota · 0 answers

My previous employer moved and rehired me as an independent massage therapist in stead of an employee...I need to know what to put in a contract to protect me and the tax requirements in michigan. Thanks..Deb
My previous employer moved and rehired me as an independent massage therapist in stead of an employee...I need to know what to put in a contract to protect me and the tax requirements in michigan. Tha... applies to Michigan · 0 answers

can a canadian company enforce a non compete in the USA on a independent contractor?
I quit my position as a 1099 contractor with a large Canadian auto dealer sales event company that does business in Canada and the US. I am a US citizen and live in Washington State and do not work in... applies to Washington · 0 answers

Can a company have an independent contract sign a non-compete in Indiana?
I am interviewing a candidate -- who was a 1099 for another company. He was released. applies to North Carolina · 1 answer

The independent school where I work requires weekly COVID tests.
The testing period begins one and a half hours after my shift ends. Am I entitled to additional compensation? applies to California · 0 answers

For the past 28 years I have had driver employees for my delivery business. I am thinking of switching to Independant contractors. What do I need to do. I am in the state of Oregon
Wanting to know the steps I need to do to have my present drivers be Independant contractor drivers instead of employees to be in compliance with State of OR laws. I have been in business for 28 years... applies to Oregon · 0 answers

If I am in Independent Contractor in Commercial Real Estate, but affiliated via contract with a Real Estate Firm with a managing broker and I leave the company (not doing anything competitive) can the Firm that I worked with as an IC not pay me on closed
If I am in Independent Contractor in Commercial Real Estate, but affiliated via contract with a Real Estate Firm with a managing broker and I leave the company (not doing anything competitive) can the... applies to Colorado · 0 answers

I am an independent contractor, treated like an employee. Had a stroke and returned to work at a doctors office. Now, All my business is being given to doctors own staff and they have told all patients I had a stroke. What are my rights?
I am an independent contractor, treated like an employee. Had a stroke and returned to work at a doctors office. Now, All my business is being given to doctors own staff and they have told all patient... applies to California · 0 answers

I work for a company as an independent contractor (mobile salon) since covid they have really been nickel and diming us cutting back all reimbursements, products, tools, and education. The system is set up with 60% commission plus tips for employees. The
See above applies to California · 0 answers

Can I file being an independent contractor against an employer for wrongful termination on me speaking my mind about wrong doings and sexual harassment.
Supervisor and employees sex play each other in the van with me present. Sometimes directing statements at me. applies to California · 2 answers

Small business in New York City_ conversion contractor to employees status
Hello How long can a independent contractor work at the same place/providing same services? It the litmus test 18 months? Thank you applies to New York · 0 answers

Enforcing a Non-Compete Agreement
My previous employer (Job 'A') is a distributor of building materials where I worked as a sales representative. I am planning on going to work for one of my customers (Job 'B') who are licensed contra... applies to Arizona · 1 answer

travel expense reimbursement for a W2 employee
I had interviewed for, and subsequently received an offer for W2 subcontract employment from a contracting company in NY state for work in NY state. I am a resident of Florida. Both during the talks w... applies to New York · 1 answer

I signed a non compete as an employee, but I am now an independant contractor, is that still valid?
I was hired as an employee stylist at a salon. After a few years of working there the owner decided to have us all sign a non compete agreement so that we dont work at another salon with in 25 mile ra... applies to New Hampshire · 0 answers

Non Compete
My question is on a non compete agreement i signed 6 months after I was hired. I work for a subcontractor in the glazing industry where there are open bids to get work with General contractors and the... applies to Illinois · 1 answer

Enforcement of original Non-compete clause after multiple promotions
I was hired by a company five years ago as junior level manager for a specific project. The project expired after a year, but I was kept on and promoted multiple times over the years in to a vice pres... applies to North Carolina · 0 answers

contractor not paid
My husband worked as a contractor for a new e-business that is still in business, for about 2 years. He stopped working for them because he was not getting paid on a regular basis. He has not worked f... applies to Colorado · 1 answer

Ex-employer telling others not to hire me.
I was recently laid-off from my job. There are many other employees that are below me as far as seniority and they are still employed with the company. Is there a law on the order that employers shoul... applies to Ohio · 1 answer

Is non-compete clause legal
I worked at a military base as a physician through two successive contractors in the same clinic the past 6 1/2 years. The civilian contractor cancelled the contract because they were having trouble f... applies to All States · 1 answer

Children and contracts
My 14 year son is wanting to take a job at our condo community. He will be responsible for keeping the laundry room clean and changing the camera's VCR tape.We, the complex and I, need to know if he c... applies to Arizona · 1 answer

Hi, I work at a retirement facility for assisted living, previously I worked in an independent living as a supervisor for the dining room. My manager who happens to manage the dining and kitchen staff in both building had sent me a text in regards to demo
Not giving me hours Forcing me to quit applies to Washington · 0 answers

Can an agency dock my pay for any reason as an independent contractor in the state of PA?
The agency i work for had us sign new contracts this year. They have our documentation on a sliding fee scale, down to $0 per hour if the documentation is more than 6 days from the point of service. I... applies to Pennsylvania · 1 answer

non compete
I am an independent contractor massage therapist. About a year ago I signed an agreement with a booking agient. I was NOT an employee, but an IC, taking care of my own taxes, etc. There is a non compe... applies to Ohio · 1 answer

Is there a difference in non-compete agreement scope for contract versus full-time employees?
I am negotiating to become a independent contract salesperson for a software company in a niche industry. They are drafting a non-compete agreement but I will be a contractor, not an employee. Are the... applies to California · 2 answers

I am a realtor and have an independent contractor agreement with the brokerage with which I am affiliated. A few years ago i had a great year, with several listings and sales. Per my ICA, my commission split should have gone up, but the brokerage would no
Repeated attempts to ask the company to remedy the situation have fallen on deaf ears. They are simply choosing not to abide by the signed ICA. applies to Virginia · 0 answers

Why pay severance to low performing employees and not to performing employees
Low performing employees were offered a severance package, normally a volunteer package has been offered to all employees. Some of the low performing employees have been offered a job to work as contr... applies to Texas · 0 answers

Without a non compete clause can I solicit customers of former employer
Store I worked for on a part time basis, has ended our relationship. Business claims I am an independent contractor. However I meet most the parameters of the IRS ( 20 Pts )which qualify me as an empl... applies to Nevada · 0 answers

Musical performer employed with restuarant
I'm an independent contractor working as one of four musical performers for a well-known theme restaurant. Our pay has not been equal. For the last year, we two African-American performers have consis... applies to Pennsylvania · 1 answer

Unemployment benefit for 1099 workers?
Hi. I am receiving regular unemployment benefits in Illinois since May 2020. I just received a 1099 offer for an independent contract role for 6 weeks. What benefit can I receive during and after thos... applies to Illinois · 0 answers

Can a fired employee then be rehired by me without violating nocompete clause?
My elderly mother received in home healh care from a company. One of their caregivers was terminated by the company, and then hired by the family as a independent contractor providing the same health ... applies to Missouri · 1 answer

Can my boss withhold a personal loan from my paycheckif i am a independent 1099 employee
I worked for a painting contractor who hired me on thru w-9 or 1099 he borrowed me cash and then I ended switching jobs I want to know if he can legally withhold the personal loan from my wages applies to North Dakota · 0 answers

I put an application for independant contractor unemployment 3 weeks ago and have not heard anything. What should I do?
I have applied for unemployment for independent contractor 3 weeks ago have not hear anything. Who can I contact? applies to Massachusetts · 0 answers

Fraudulent Employer
My employer has bounced and stopped payments on several of my checks. To date he owes me $1,200 in wages plus bank fees I've incurred. He is also in violation of the Independent Contractor/Employee th... applies to California · 1 answer

How can an employee/former employee get wages due to him?
I recently resigned from a General Contracting firm because they never paid my salary in a timely manner and I could not get support from my employer to manage the project effectively. Contractors we ... applies to Ohio · 1 answer

I work as an independent contractor. In March I completed a 3 week contract for SAP Italy. I agreed to a 30 net to avoid exchange fees. SAP Italy and the client Ferragamo had a contractual disagreement. SAP Italy finally resolved and told me I would be pa
I have tried getting answers via email as its too expensive to call Italy. applies to Texas · 0 answers

Company has not paid and has relocated out of state
I signed a non-compete as an independent contractor for an entertainment company. I have not been compensated for services for more than 60 days, and the company has relocated out-of-state although st... applies to Mississippi · 0 answers

What distance boundary can I enforce for a non compete?
I posted a question earlier and forgot something.I have a mobile hair styling business that services a wide mileage range in various cities. I am just wondering what kind of parameters I could place o... applies to Arizona · 0 answers

I'm an independent sales rep for a company that is filing Chapter 7. how do I get my commissions?
The sales that these commissions were earned from were paid in May-Dec 2015. The company will be filing Chapter 7 in Jan 2016. The amount is over $15,000. How can I recover this money? applies to Minnesota · 0 answers

I have not been able to transfer to any other citywhile there are many openeings
I work for a very large corporation. I am well educated and do a very good job at my existing position. I wanted to move back to South Eastern part of the country because that is where is came here in... applies to Texas · 0 answers

Signing a contract to not get unemployment benefit !!
I am losing my job soon , as the business I work for ( an independent jewelry store) is going out of business. They want me to sign a contract that I will not apply for unemployment benifits if I exce... applies to Florida · 1 answer

When can a Non Compete by put in place
I work for a Firm in Virginia and live in Alabama, i have been there 3 years. my Boss recently sent me a Non Competition / Trade secrets Contract. Where i have a issue is when i went there they did 99... applies to Alabama · 0 answers

Is this enforeceable
Hi I signed a non-compete agremment with an OH company that in pertinent part states that: I 'shall not provide the same or similar services as those he/she provides to OH COMPANY to any other person ... applies to Ohio · 1 answer

Do I have a case?
I worked for a company in Staten Island from 2002-2005 and was treated unfairly. The employer, knowingly, treated me as an independent contractor from the start to avoid in paying necessary taxes and ... applies to New York · 1 answer

I recently was hired as a independent contractor for a firm in Columbus Ohio, I flew out and signed a two month working agreement. At that meeting they hand me a confidential/ non solicitation/non compete intellectual property agreement.
I Recently Was Hired As A Independent Contractor For A Firm In Columbus Ohio, I Flew Out And Signed A Two Month Working Agreement. At That Meeting They Hand Me A Confidential/ Non Solicitation/Non Com... applies to Ohio · 2 answers

Sub-Contractor to Sub-Contrator switch
I signed a non-compete at the time of hire. I am currently a sub-contractor and would like to switch to another sub-contractor under a big contract with multiple sub-contractors. I was wondering if yo... applies to Pennsylvania · 1 answer

I am an independent contractor that works for work for a small cleaning agency. After working for several months with the agency and servicing my personal clients, I offered to help the owner (about to give bitrth) to help out in the office to learn more
I am an independent contractor that works for work for a small cleaning agency. After working for several months with the agency and servicing my personal clients, I offered to help the owner (about t... applies to California · 0 answers

Employer fraud
I was recently laid off and collected about 4 weeks of unemployment, which the employer tried to fight. I am now an independent contractor, not collecting unemployment, and want to roll over my 401k t... applies to Ohio · 1 answer

Hi Mel: I'm currently employed in a health care facility as an RT. Our staffing has dipped to critically low levels,( we've lost 30% of our therapists) we frequently work alone. I would like to know in advance if we can be mandated to work 24 hrs straight
There are laws in place that govern mandatory overtime for RN.s in a particular state, but the governing bodies that establish clinical practice guidelines for RT's essentially sold out and have allow... applies to Ohio · 0 answers

Does a non-compete encompass the entire business entity or just the specific position when signed?
Ex-employer "A" had me sign a non-compete. I was working in the health care field in a corporate office for a nurse registry. "A" fired me two weeks ago, and I secured a position with "B" within a few... applies to Florida · 1 answer

Which state's laws should we execute the contract under?
We are a Virginia based LLC preparing to execute a contract with an independent sales representative (contractor, not employee) in Missouri. Should we execute the contract under Virginia laws, Missour... applies to Virginia · 0 answers

Does non-compete transfer from current client to acquiring company?
I had a non-compete clause that restricts me from doing business with my former employer's clients. I am now an independent consultant, working for a company that is not a current or former client of ... applies to Ohio · 1 answer

Non compete gives me little choice in employment
I signed a non-compete upon employment with an evaluation company 3 years ago (appraisals, evaluations, ect..) and worked in the Quality Assurance/Control aspect of the business. I had never spoken wi... applies to Pennsylvania · 1 answer

Is claiming to work when you did not in Oregon unemployment fraud
A person claims to have been self-employed for a certain amount of time. The person was not. The person claimed to be an independent contractor that worked for a company but did not. The company has n... applies to Oregon · 0 answers

Can I reqest more severence?
I have worked the same job for the last 20 years. A year ago our business unit was sold to a finance company and we became our own company. I was recently laid off and my severence is so much less tha... applies to Illinois · 0 answers

Does the sale of a company continue the non-compete agreement?
I work as an independent contractor for a company. I signed a non-compete agreement with the owner. The company has now been sold to another LLC. Is the agreement still valid or will the new owner hav... applies to Florida · 1 answer

Non-compete Ohio
I signed a non compete agreement back in 2003 as an independent contractor for sales. Included in the agreement was the commissions I was to receive for my sales. In 2005 the commissions were decrease... applies to Ohio · 1 answer

Told to get my tubes tied by my employer when I had a miscarriage.
Independent Contractor in Sales New Hire less than 6 months my boss pays Base pay commission. I experience daily Curses, calls me stupid, tells me to get my head in the game, etc verbal abuse has alwa... applies to Tennessee · 0 answers

Can a company that has federal contracts fire you for your doctor not releasing you back to work
During the winter when the weather dipped to below freezing, I developed bronchitis that was borderline pneumonia. The doctor refused to release me to work due to continued exposure and I had a prior ... applies to Nevada · 0 answers

Simply my supervisors wait a day before we go on our break,Christmas break to put me on leave for being tardy see I'm a bus driver for Beaumont Independent School District and have been one for 10yrs I driven so many places and came back year after year d
Okay I've had a problem with being late I can say that but the problem is so has everyone on this job I mean even when I first started in 2008 tardiness was norm because you could report to work 15 mi... applies to Texas · 0 answers

What is the best advice for handling non-compete clause in my context below?
I have not signed a contract. I will be required to work under supervision for approximately 1.5-2 years as an independent marriage/family therapist contractor. A non-compete agreement stipulates, if ... applies to North Carolina · 0 answers

can a multi-party claim be filed in a different state from the defendants, if the plaintiffs (us) are subcontractors doing work in Philadelphia PA but the defendant (Company headquarters) is in Virginia?
We are subcontractors working under an independent contractor, who has not been paid, therefore, we also have not been paid for labor performed. We wish to file a multi-party (3-6 workers) claim in th... applies to Pennsylvania · 0 answers

Company not paying independent contractor
I did consulting work for a company in Illinois who now has decided the work does not have enough "value" for them. The work was compiling a database of names and numbers for the company to prospect w... applies to California · 1 answer

Cancelled contract: non-compete affecting many.
I work for a company (ABC) that provides outsourced I.T. services for a client (XYZ) and working within XYZ's premises. My employer, ABC, has announced that they have placed a 90 day notice to termina... applies to Florida · 2 answers

Non compete signed under duress
I'm a consultant. I worked for a tech company that went bankrupt. We were bought by a new comapny that forced us to sign a non-compete,- if we did not sign it you were fired. We have had layoffs, no b... applies to Illinois · 1 answer

What is a Reasonable Duration for a Non-competition and Non-solicitation Agreement?
The decision I'm facing is in regards to an editorial contract as an independent contractor. Under non-competition and nonsolicitation, the contract reads that "for a period of five years following [a... applies to Georgia · 0 answers

Can a salon owner collect a percentage of services offered in her salon by an independent contractor
I have a tanning, hair, nail and massage salon. The stylists and nail techs are booth renters. The massage therapists are employees being paid a commission for their services. Taxes are withheld. Can ... applies to West Virginia · 0 answers

Enforceable non compete?
I'm currently starting up a business here in Florida. I'm looking to hire someone as an employee to work from his home in New Jersey. My candidate is unsure about working for me because he currently h... applies to Florida · 1 answer

On a CBA. Can a company that has just won a government contract demote employees for no reason?
I work in a government facility, ran by Sub contractors. My current company LB&B has just lost the contract to a different company called fidelity. The company under bided the contract by 30% without ... applies to California · 0 answers

Drawing Unemployment & Have Taken Commission Based Sales Job
Hello, I lost my employment in which I was a W-2 wage employee. I have been drawing unemployment compensation since I lost my job. For about a month and a half now, I have been working as an independe... applies to West Virginia · 0 answers

Can a restrictive convenant prevent me from accepting any work at a customer site?
My employer laid me off. A customer of my former employer wanted to engage in consulting services with me. My former employer said I could not engage in the consulting services because of a non-compet... applies to Pennsylvania · 3 answers

Is a non-compete agreement transferable when a business is sold.
I signed a non-compete agreement approximately 3 1/2 years ago in 2006, with a franchise business, as a independent contractor (1099) commission only. Three months ago the franchise business was sold.... applies to Florida · 1 answer

Realtor non-compete in Alabama
I am a licensed realtor in the state of Alabama and have been since 2012. I joined my broker in mid 2014 and at that time signed an employment agreement that includes a non-compete component. We just ... applies to Alabama · 1 answer

What can a wage claim do to compensate unpaid wages?
My husband worked for a start-up company who owes him apx. $11,000 in wages and health care reimbursements. We have a signed letter from them stating the amount owed to him and their intent to pay him... applies to California · 1 answer

Unpaid expense reimbursements
I worked as independent contractor (doing work as a programmer) at a client site in Kentucky for a company located in New Jersy. The company agreed (in writing) to pay for all the CLIENT-APPROVED work... applies to North Carolina · 1 answer

Are non-competes by an independent contractor with a customer enforceable?
Company provides to customer companies people for secretarial, janitorial, etc. services, and has customers sign an agreement that they will not hire any of the people supplied to them within one year... applies to Illinois · 0 answers

How to collect against non-payment of invoices from work performed
I worked as an Independent Contractor for a company in Silicon Valley from end of November until end of April. The last month of April they have not paid me for the work performed and agree that I sho... applies to California · 2 answers

A possible anonymous call to the company I independantly contract for has damaged my rep. I am my regions top earner. Without a word from company they have decided to slash my earnings by 50 percent. Legal or no?
I suspect an anonymous call to my company regarding possible drug use has compromised my reputation. I am an independent contractor and the top earner in my region. Without a word, my company has slas... applies to California · 0 answers

I am losing my job due to reduction in force and I am being paid 8 months salary in severance. I am told they plan on paying me on a pay card in one lump sum. My bank is a small independent bank and does not take the cards. Am I entitled to a check if I r
Do I have the right to request a check for severance instead of a pay card (credit card). The check will be rather large and my bank does not accept the pay cards. No bank will allow me to get the ful... applies to Texas · 0 answers

Signed non compete and was fired 6 months later -
I was hired as an independent contractor last October to work for an insurance brokerage. I signed an employment contract which included a non compete clause. I misplaced the agreement and have reques... applies to Illinois · 1 answer

How can I stop my previous emplyer from changing the reasons I was terminated ?
I worked for a Gov't contractor and was terminated after 11 busniess days, the claim was I showed a pronographic photo to a coworker on my iphone, and I had a negitive attitude, and touch a contractor... applies to Virginia · 1 answer

Former company forced 1099 Contarctor to sign a Non-Compete in order to get paid once he found out about a new company starting and me possibly leaving to go to the new company? Is this enforceable with me being an 1099 Independent Contractor in the state
Former employer is threatening law suit for me leaving him and going to work for a competitor travel baseball organization. I was forced to sign the contract in order for me to get paid my last payche... applies to Georgia · 0 answers

I worked as an independent contractor for a company. I recently quit after I received my final paycheck and then my employer puts a stop payment on the check I already cashed. Is this legal? He wants to strip me of all the hours I worked and not compensat
My employer put a stop payment in my paycheck and wants me to return it. This can’t be legal! I worked the hours and the days and I’m ordered to give the money I already cashed right back. What sh... applies to Hawaii · 0 answers

Non compete valid if living in a different state from employer
I'm a healthcare consultant living in the state of NC but employed by a company located in CA. I signed a non-compete contract with this Company. However, due to loss of clients, the company is experi... applies to North Carolina · 1 answer

Should I have received a W-2 and reimbursement of FICA and Medicare taxes?
I was laid off in 2010 by my employer and was initially denied unemployment benefits because I had been classified as an independent contractor (without my knowledge). On appeal the ALJ found in my fa... applies to Florida · 1 answer

Employer didn't follow U.I. Code § 1089 in California
I work in California and my freelance contract (I'm not a independent contractor as I have a W2) was not extended into Q3 nor was it offered. I asked multiple times for a change in employee relationsh... applies to California · 0 answers

Peace work pay and hourly
I get paid 50 a job- it takes 4 hours on each. Although, when is it against law In Nevada to not be paid for every hour I work? I'm having to do at least 10 or more jobs to even see 300 paycheck. What... applies to Nevada · 1 answer

Independant contractor with a non-compete that has a possible loop hole?
I am an independent contractor with a non-compete that covers the whole metro area. I am a basic worker who isn't making enough money to support my family, but can't work outside of the company in the... applies to Texas · 0 answers

Soliciting former employer's clients...
I work for a registered investment advisory firm in California, and I'm looking to either go to another firm or start my own firm. Here are the facts: 1) There is NO non-compete or employment agreemen... applies to California · 1 answer

greedy loan officer
I recently got a job as a loan processor for an independent loan officer, I have been there 7 weeks and during that time she has bought homes for herself using other peoples names, created phony docum... applies to California · 1 answer

Do I have legal grounds to appeal the LTD discontinuation/denial? If yes, how?
I am currently receiving workers comp benefits from my company in New York and not working for 1 year now. Three months ago an Independent Medical Exam determined that I'm 25% disabled. My company acc... applies to New York · 1 answer

Can a person collect unemployment if they quit their job after not getting paid for 2 pay periods?
employer who hasn't paid her or other employees for two pay cycles, claiming that he is waiting for a check from a client. My sister-in-law is an hourly employee (not on a set salary), and her pay per... applies to Florida · 0 answers

Am I owed penalties and dues?
I worked for a court reporting agency that I later found out that I signed a non-compete clause for, even though I was told I would be working as an Independent Contractor; paying for my own supplies,... applies to Pennsylvania · 1 answer

I signed a non-compete with a company and then was let go within 8 weeks. Is that enforceable?
I am an outside sales rep. who has worked a specific industry for many years. I also worked for other industries on occasion in a similar capacity as the economy challenged my ability to earn. Recentl... applies to New Jersey · 0 answers

The company I worked quit paying me (a 1099 contractor). Am I still locked in the non-compete clause
I was the regional manager for a restoration company for 1 1/2 years. We stated the insurance claim for home owners for storm damaged roofs and did the repairs. I was an independent contractor (1099) ... applies to Ohio · 1 answer

if a non compete was signed but my employer paid me under the table and never filed taxes on me is the non compete still valid? I want to work somewhere on the books. I've only been there for 6 months and i just found out that he's not filing taxes on me.
I work at a tattoo shop as a independent contractor so the form says. I'm not sure on that because i have set days and set hours. I've been there tattooing for 6 months. My boss has been paying me tax... applies to Florida · 1 answer

Do I have a wrongful termination case?
I am an independent contractor who was being used as an employee, violating IRS employment laws. Also my employment contract was fraudulent. The number of current members that I was to manage was stat... applies to New Mexico · 0 answers

Vague contract for piecework, scared to sign
I've been asked to sign a contract to obtain work as an independent contractor writing content for online college courses. The contract has no termination date, and it says "neither party shall withdr... applies to Texas · 1 answer

Non-Compete possible lawsuit
Short Description: ---------------------- My question is, can a non-compete lawsuit be filed against me under the conditions: 1) That, I work for company �C� without signing any contract. 2) Company �... applies to New York · 1 answer

How long do I have to report retaliation from my previous employer?
I worked for non-accredited college as a staff accountant. I was doing payroll for them and at first my controller, Cindy, would tell me that the teachers were contractors and shouldn't be paid until ... applies to Massachusetts · 1 answer

Can my employer ask me to validate my prescription of Adderal if I made a med error regarding oxycodone, but only tested positive for my adderall?
I errantly took a pill of oxycodone home with me, but brought it back the same evening to return it. I was drug tested as a result of this error, but only tested positive for my prescription of Addera... applies to West Virginia · 0 answers

NC non-compete laws for hairstylists
I am a booth renter/independent contractor hair stylist in North Carolina. I had started work with a salon that the owner tried to call a barber shop, I signed a non-compete clause that said I couldn'... applies to North Carolina · 0 answers

Can a recruitment agency enforce its non-compete clause on previous employer and me if I move to CA?
I was hired by a recruitment/placement agency that placed me with a software company. Originally, I worked as a permanent contractor and was going to be hired full-time with the company, and at that p... applies to New York · 0 answers

My employer hired me and paid me a salary. After 90 days they want me to become a contractor. They are trying to get me to repay the money I received as an employee from the commissions I will earn as a contractor. Is this legal?
I was hired on February 12, 2018 and was given a salary of $55,000 per year and in 90 days we would evaluate my performance and they would want me to become an independent contractor. About a week ago... applies to Colorado · 0 answers

Employee Agreement includes non-compete clause. Is non-compete reasonable and/or enforcable?
I live in NJ but have been offered employemnt by a company in Arizona. Employment Agreement they are requiring me to sign as condition of employment, includes confidentiality and intellectual property... applies to Arizona · 1 answer

Houston Independent School District have been Discriminated and Retaliated Against me about hired at the workplace. I have been filed at the Federal EEOC. What should I do ?
I have been working for “HISD” over 4 years. I was applying for my occupation Mechanic experiences for over 30 years. I did passed their Created Fraud and Cheating about their Interviews. I had al... applies to Texas · 0 answers

Will my non-compete hold even though my position was reduced to part time
My position was recently reduced to part time as needed. I have a non-compete with this company and a portion of it states: "For a period of 1 year after termination of employment for any reason whats... applies to Florida · 2 answers

Non-Compete in Florida
I am currently employed as a Manager at a real estate firm. Last year my broker had me sign a non-compete/non-solicitation agreement. At the time I was not an "employee", I was working as a realtor/in... applies to Florida · 1 answer

My employer has falsely accused me, fired me and won't pay me
My story is very complex. I am employed by a company who classifies me as an independent contractor. The first four years I did not need my own business entity but this last current year they required... applies to Utah · 0 answers

Was my father wrongfully terminated under duress to resign to avoid possible jail time?
My father was fired from his job some time ago for leaving a child on the bus all day until school dismissal. He has gotten newspaper articles written about nice things, praising him for jobs well don... applies to Texas · 0 answers

Do I have any legal options available?
My Facebook account was hacked by someone who the police determined was from the "Dark Web", which basically means they covered their trail well. They posted that I was a gay child molester and curren... applies to Arizona · 0 answers

Are we in big trouble?
My Husband is being sued for "non compete" breech in Ohio. His former company was a wholesale distributor. The company he now works for (as a 1099 employee) in an independent representative for severa... applies to Ohio · 1 answer

My company closed down so I was laid off, during the period prior to my termination I took part time work with another company who treated me as a independent contractor, the job did not pan out so we quit on cordial terms. I tried claiming for UI benefit
I worked for the company for 5 years as the sole employee, we had a great relationship but the owners were old and business was slow so they decided to wind the company up. During the winding down per... applies to Texas · 0 answers

No compete clause in ultrasound
I currently work for a mobile ultrasound company that provides services in the Youngstown, Warren, Akron/Canton areas as well as some of the other surrounding areas. I have been offered a job at anoth... applies to Ohio · 1 answer

A company tutor wishing to go private
I work as an independent contractor/tutor in LA for a tutoring company. The company is headquartered in Wyoming and the local office is in Lancaster. [I tutor in students' homes.] I recently learned t... applies to California · 1 answer

Do we have a case - disability discrimination, Civil Service Law violations
Hello - I think my husband has been discriminated because of his disability. He is a competitive class worker laid off from CUNY after 16 years. He had to take two FMLAs in the past two years. In Feb ... applies to New York · 1 answer

Disclosure of deceptive pricing to customers - legal risk to me
I have been working for a former employer as an independent rep. for about 8 mos. I have become very uncomfortable with some of their pricing approaches to my customers, primarily claiming a higher co... applies to Pennsylvania · 1 answer

Can I sue the Chiropractor that I worked for for Medical Malpractice as an Independent Contractor
I worked for a chiropractor whom gave me adjustments for my severe sciatica and what he knew was spondylolethesis. He studied my condition and knew how and how not to adjust me. One day he adjusted me... applies to California · 0 answers

Do I have rights to reimbursement of relocation expense, or to refuse to move with being terminated?
I work for a sales representative agency in California. I have been with them for 8 years. 4 years were as an independent contractor and 4 as an employee. The current position I hold is as an outside ... applies to California · 0 answers

Can I be forced to sign a new contract voiding out my present one?
I signed a one page independent contractor agreement with a home care agency last year. Recently I was handed a new 5 page contract to be signed the following day by Fri 5pm or I could not report to m... applies to Florida · 2 answers

i was working as an independent contractor for a cleaning company based our of maryland, however i live in pa. my checks were missing mkney for several months so i finally threatened to quit, my boss and i had many arguements where he stated he was not go
i was working as an independent contractor for a cleaning company based our of maryland, however i live in pa. my checks were missing mkney for several months so i finally threatened to quit, my boss ... applies to Pennsylvania · 1 answer

reneged job offer caused me to lose an earlier offer
For seven years I've been an independent contractor to Hospital A, and they've been my major client. For the last four years I've asked them to change my role to full-time instead of contracting, with... applies to Pennsylvania · 1 answer

My employer never had me sign a w-2 or w-4 and paid me under the table for 4 months. I kept asking her to set things up right so neither one of us would have problems. She said she would worry about it in 2016 and get things set up correctly. Now as taxes
I worked for a girl cleaning houses for the past four months. She paid me under the table and when I told her on week two that I felt she needed to set up things correctly so that there wouldn't be an... applies to Florida · 3 answers

Is there any legal recourse against a union that is causing loss of work for its own members?
The local Musicians union is threatening to put a part-time, local orchestra on its "unfair list" for various grievances that are being filed by a minority of employees. Those grievances include late ... applies to Texas · 0 answers

Non Compete Agreement in New York ( IT )
Hi, My question is related to Non Compete agreement in NY with IT industry, Here is background & question I have. I am an employee of company (ABC) & I am working as a consultant at company (XYZ) thro... applies to New York · 1 answer

Is this non-compete clause applicable to my case
My case Company X used to hold my H1B visa is a consulting Co I got a project through A which presented me to B as his employee, then B presented me to C as his employee,C is prefered vendor to client... applies to Kansas · 0 answers

Do questionable practices of a firm negate a non compete?
At the firm I work for all staff are hired as independant contractors for the tax and liability bennefit of the LLC which is owned by an individual. There is a strong case that this is a misclassifica... applies to Florida · 0 answers

Any recourse for under the table employee and breach of contract, unpaid wages?
I have voice mails and text messages from my boss attesting to my great performance at work. I was paid off the books, and under the table by her for over six months. I have evidence as to the contrac... applies to California · 1 answer

CA employment law: coworker was allowed to clean up my cluttered desk with manager approval.
Admittedly, my desk was horrendously cluttered [but not a health, life, and safety violation]. It does not directly affect any other coworker desks or affect my productivity. In fact, my desk situatio... applies to California · 0 answers

Prime Contractor Refusing to Pay 1099 (sub)
A pseudo-govt client instructed me (my small business) that I would have to work through one of their approved prime contractors. We did through them on prior projects and I was brought back for a sec... applies to Virginia · 0 answers

My employer gave out discretionary bonuses, my bonus was half of that of a co worker with half the amount of work, and same level performance, and they have been there less years than I have. Is it legal to give discretionary bonuses with no actual bases,
My employer gave out discretionary bonuses, my bonus was half of that of a co worker with half the amount of work, and same level performance, and they have been there less years than I have. Is it le... applies to Pennsylvania · 0 answers

DOCTOR WITH A NO COMPETE CONTRACT ISSUE.
Mel, I am a chiropractor in Illinois who is an independent contractor within another chiro's office. (I own my patient base he provides space and staff for a 8900/mo fee) Recently I became injured and... applies to Illinois · 1 answer

Can a non compete agreement signed with a middle vendor (in a long chain of vendors) be enforceable?
I need advice on a Non Compete Agreement I signed with a Middle Vendor. I am on H1B and here is the arrangement: Client -> Preferred Vendor -> Middle Vendor -> Employer -> Poor Old Me. So being the ha... applies to Connecticut · 0 answers

Is a 10-yr & 100-mile radius of co borders unreasonable?
Insurance company contracted with me and paid me with a 1099 as an "independent contractor" but always provided office space, office equipment, local telephone service, told us how much insurance to s... applies to North Carolina · 1 answer

Was it legal for my employer to swtich me to 1099?
I have worked for this company for more than 10 years. In the past 2 years there were many changes in how the business was run, including change of ownership. Originally I worked in Denver, but was re... applies to Nevada · 0 answers

Legitimate Business Interest?
I work for a consulting business. Before I started working for them, I signed a noncompete saying that I would not open a competing practice within 18 months of leaving them. The reason stated on the ... applies to New York · 1 answer

Collecting from Employer Vaction Pay
I was terminated on 7/8/02 at the same time offered a job with the same company as an Independent Contractor. The amount I was offered was a flat $50 an hour, this was to cover hotel, food, cell phone... applies to Georgia · 1 answer

I was attacked on the job at 6 months pregnant and my employer misinformed me of my rights under WC?
I was at work 6 months pregnant and under the care of my OB/GYN for my pregnancy. While at work a transit came in my office and physically attacked me, she tried to hit me in my belly and told me she ... applies to Arizona · 0 answers

I was laid off for a mass layoff/buyout due to covid 19 and entered the 2000180 code into the Ohio Job and Family Services Claim. My employer recently paid me for my unused vacation time for three weeks and will also give me a lump sum severance based off
I was laid off for a mass layoff/buyout due to covid 19 and entered the 2000180 code into the the Ohio Job and Family Services Claim. My employer recently paid me for my unused vacation time for three... applies to Ohio · 1 answer

Can they deny benefits to "freelance" employees?
First, thank you for providing the opportunity to make the following queries: I am employed at a large law firm in NY. I am considered a �freelance� employee of the firm in the proofreading department... applies to New York · 1 answer

Wrongful termination
I was recently terminated after a protracted situation with a major federal security contractor. The story goes like this: About a month ago, I was approached by two supervisors who informed me that t... applies to Pennsylvania · 1 answer

indentured servitude?
I recently left a franchised ballroom dance studio for several reasons; poor pay, little training, poor working conditions with the employer, labor law violations, general feeling of discomfort with b... applies to Indiana · 1 answer

How do I fight unemployment disqualification if it was a voluntary quit?
I worked for employer for 2 1/2 yrs. Began as 1099, then salaried, then the company started suffering financial difficulties & required me to take an Independent Contractor status. I went from a salar... applies to Arizona · 1 answer

Does a negative assessment of my technical skills to a 3rd party recruiter constitute defamation?
I recently had an interview with a major financial business in NYC. The interview was conducted by an employee of the firm. The work, if hired, would be on a contract basis as an independent contracto... applies to New York · 0 answers

Can I work for the same client under non-competition in California
I am an employee of CXX under H1 visa and working for client X in California. I want to know if taking up employment with a competitor named CYY to work for the same client X is illegal and my current... applies to California · 0 answers

Gender discrimination and retaliation?
I worked as a department supervisor for a large retail company for 8 years. I worked very hard earning excellent reviews. I became a procedural specialist and was asked by district managers to help ot... applies to Texas · 1 answer

Want to know the limits of companies I can accept offers with given a non-compete clause.
I was never given a copy, but got one from a laid off employee. The non-compete says for 18 months I can't become an employee of any business in competition with or similar to my company (software dev... applies to Ohio · 1 answer

Non compete agreement
I am considering a job opportunity and my future employer is asking me to sign the following non-compete agreement. My question is can you review the agreement and let know how strong is the agreement... applies to Pennsylvania · 1 answer

please see details
I am a machine builder, more specifically building custom automation, working on the electrical side, or as an electrician. I have worked 11 yrs in the field of building/wiring the machines, and the p... applies to Indiana · 0 answers

hiring commision only salesman
I am a small business owner out of Pennsylvania, I am looking to open up a sales department. My plan is to hire commission only salesman, I need to know what my responsibilities are, what am i liable ... applies to Pennsylvania · 5 answers

I am a contractor getting paid by Medicaid. I have many subcontractors doing services for more than 40 hours a week. My question is if I have to turn them into employees in order to pay them the over time hours or I just can pay the over time in the same
paying a subcontractor over time without having to turn them into employees applies to Florida · 1 answer

unpaid wages-contract work
I have consulted for an X company in NYC for few weeks and I terminated my contract with them. According to the contract terms I have submitted all invoices and related termination letters to the COO ... applies to New York · 1 answer

Non-Compete After Transfer to New Company
I signed this agreement when I began work with Company "A". After six months as a salaried employee I moved to doing freelance (i.e., 1099) work for them. I worked for them consistently under that cap... applies to New York · 1 answer

didnt get payed what was promised
i recently joined a courier job. the owner had promise me gas money plus good pay raging from 300 to 500 dollars a week. well i worked my first week and put 1000 miles in my car put 150 dollars in gas... applies to Florida · 1 answer

No pay for non-billables
I work for an IT consulting company. Recently, the company changed its policy on compensation. It stated that any time that is not billable will not be compensated. This is tantamount to a huge pay cu... applies to New York · 1 answer

If Mfg violates contract, you sue, do they pay attny fees?
applies to Illinois · 1 answer

Unpaid wages, overtime and expenses as independant contractor.
I worked as an independant contractor as a physisian with a Locum company based in Florida. The actual work "client"- hospital was in Columbus, OH. Prior to assignement I was promised a daily rate of ... applies to Ohio · 2 answers

non compete question
I am a manicurist with an independant contractor's license in the state of Ohio, and I am about to sign a lease agreement to RENT space in a salon in Ohio. The owner/landlord has put a non compete par... applies to Ohio · 1 answer

My employer is closing his business but would like me to continue this business from home including storage.. Am I entitled to regular salary and do I charge him for storage?
I work for the insurance company so I need to hold the records for several years. I will be taking computers and servers in case the insurance needs records from me. applies to New York · 1 answer

contract's nessary or not
what is an employer to disclose to you when paying on a form 1099? and what is nessary for them in the way of writen contracts when using a form 1099.Can an employer be held liable for damages if wron... applies to Ohio · 1 answer

Employer dumping the taxes on employees.
hello mel, My mom used to work for a nail salon that is a franchise of many. when she started working there about 5-6 years ago, she had received a W2, what ever she made 40% goes to the shop, a year ... applies to California · 1 answer

Non Payment of Wages Under 1099 Agreement
I signed a 1099 contract for consulting work, but the employer never returned a signed copy. It states that as a 1099 - I am obligated to work a min of 4 weeks to be paid. I worked 59 hours and had a ... applies to Texas · 1 answer

Is it discrimination if other people on a 3rd Shift get a shift differential and I don't. I am not black Hispanic or anything else I am a white male mid forties.
Is there anything I can do if I am on 3rd Shift and everyone gets a shift premium except me. I am a white male mid-forties. They say I make too much money per hour. applies to Florida · 1 answer

As a 1099 employee after a year I am being asked to sign a non-compete
After just over a year of working with a company as a 1099, they are now asking for me to sign a non-compete agreement. The company is a marketing agency that currently is exclusive to the hospitality... applies to Pennsylvania · 1 answer

i work for a major bank as a consultant. work there a 100 days a year. recently some staff person said something about me and my work. other workers have been using word behind my back and in conversation when talking with me. thinking i don't know. i wil
want to know if i can report the staff person to HR. He's been with the company for 18 years. I wouldn't mind if he used this word about my creative work.. but he said i was this word. Hard for me to ... applies to New York · 1 answer

I most recently submitted my expenses as well as my consulting fees to my ex employer my ex employer responded back by telling me that it is company policy that I only have three months to submit any expense reimbursement and consulting fees, because my e
The reason for me not submitting my expenses were my life had changed as I slipped into a very very deep deep depression I was under Dr. care and just simply getting out of bed was a chore I was not f... applies to California · 1 answer

As a commission-only employee of a salon, can I be forced to stay at work if I don't have clients?
When there are no clients on my book, I do not get paid. If I don't have anyone on the books, for instance, in the afternoon sometimes I would like to leave early but management forces us to stay even... applies to California · 1 answer

Worried to be terminated I used racial harassment instead of racial discrimination.
I was a contract worker for Medical manufacturing company for 6 months. I filed a discrimination case against the company through EEOC. The Medical Company denies my allegations and denies that I was ... applies to California · 1 answer

If I'm paid commision at my salon in MA, can they force me to stay at work when I don't have clients
Hi, I have worked at a salon in Mass for 5 years now, and since I have been on commision, for 3 years, I have set my own schedule and could come and go as long as I had no clients. The owners now want... applies to Massachusetts · 1 answer

Working without contract
I was recently hired on a contract basis by Sotheby's for no more than "6 months" and/or "1,000 hours". My contract time ended and so did my hours and still reported to work without a contract. I ende... applies to New York · 2 answers

Billable time & required time in the office?
My boyfriend recently took a job doing ITS, website management, and website design work. He was told he would be paid $10 an hour for the ITS/website managment stuff and $20 and hour for any of the de... applies to Tennessee · 1 answer

Commissions due after Resignation
i worked with a franchised owned store from march to april. the agreement was that i was paid annually and a commission of 3% once my orders were invoiced. i had to resign (contract stated employment ... applies to New York · 1 answer

I have a confusing question. I work for a company that has 1 parent but 2 subsideries. An employee works FT for 1 company and we want him to work 10 hours for the next company from home. Would this mean overtime or not because it is 2 companies? Should he
I have a confusing question. I work for a company that has 1 parent but 2 subsideries. An employee works FT for 1 company and we want him to work 10 hours for the next company from home. Would this me... applies to California · 1 answer

can ex-employer withold pay for minor contract changes.
I worked for a small consulting firm which sent me to work for the client for abt 5 weeks, the employment letter had one sided clauses. I made the foll. changes to them before signing: 1)employer can ... applies to New York · 1 answer

overtime with different stores same company
I was wondering i was working for a franchise company that has 5 different stores. I worked at 3 of their different locations and received 3 separate paychecks 1 for each store. I get paid bi-weekly. ... applies to Ohio · 1 answer

??
applies to New Jersey · 1 answer

I was terminated and accused of stealing from my ex employer. I proved through invoices and direct contact with clients that I did not steal from my ex employer who did no leg work to find out if what he had heard was true. Do these circumstances negate a
While I was out of work for injury another diver was standing in for me. My ex employer told me no matter how long I was out he would hold my position. At some point because of things said to this oth... applies to Florida · 1 answer

Non compete contract for Timeshare sales
I am a licensed Real Estate Agent and was working as a Independant contractor, even tho I was required to go to the store M-F 9-5 , I received a bi weekly "salery" plus commissions. I signed a non com... applies to California · 1 answer

I need a lawyer
I applies to California · 1 answer

Wrongful
Can a freelancer be rejected work because of a previous affair? My boss just wrote me an email telling me that we couldn't work together anymore due to his wife finding out about his infidelity issues... applies to Illinois · 1 answer

Can a company make you self employed?
I was hired as a security guard for a private security company in Texas and have just found out that the company isnt taking the taxes out of the guards checks and is making us file as though we are s... applies to Texas · 1 answer

DISALLOWED unemployment
I was DISALLOWED my unemployment I was collecting for a few months and the year was up from the first claim and had to reapply. I did that and now I was informed I was DISALLOWED. I went back to work ... applies to Ohio · 1 answer

Unpaid contract fees from a NYC client
Hi, I work for a GA based company (who holds my H1 visa) and was doing a contract assignment for a client in New York City. The NYC client has $40,000+ in unpaid balances towards my company for the se... applies to New York · 1 answer

Disability discrimination and pretext for termination
Looking for advice on a disability discrimination complaint/wrongful termination. As a senior manager, i worked for a large consulting firm in CA (significant federal contracting). I have a long histo... applies to California · 1 answer

Can a contractor be considered a supervisor?
When can an outside contractor, hired by the CEO be considered your supervisor? The contractor was hired and we were told to fully cooperate with the contractor (or be fired) and the contractor had th... applies to North Carolina · 1 answer

Is company liable for pay out of benefit?
Company conducted open enrollment for Aflac, I elected coverage. HR generalist did not enroll me, I asked several times and then the generalist said she was working on it. I had a qualifying event and... applies to Ohio · 1 answer

Contract for 1099?
I am working as an independant contractor. Do I need to have a contract in order to file self-employment taxes? applies to North Carolina · 1 answer

Unpaid wages
I got a contract job offer and I started working there through an consulting agency. The consulting agency signed a contract with the client for me. I had a verbal contract with the consulting agency ... applies to California · 1 answer

Can my employer lay me off when I'm on disability? They had to outsource my job because no one could do it. I've been off for 9 months.
I am on medical Disability, hey had to outsource my job because no one could do it. I've been off for 9 months. applies to California · 2 answers

Non payment, 1099 work
I am a handyman in Nh. I do apartment turnovers. For the past two years I have been submitting my invoices and when I get paid the total due is not the same as what I submitted. They are deducting mon... applies to New Hampshire · 1 answer

Does this track record show discrimination?
If a supervisor has hired and supervised numerous black people over a period of several years and in past year only one black person has been hired, can it be said that this supervisor has discriminat... applies to Texas · 1 answer

Didn't get a paycheck
The company I work for just recently closed due to the leaseholders selling their land. I was an independant contractor providing a service at the facility. Our paychecks are issued on the 10th of the... applies to Maryland · 1 answer

Employer or Agency?
I'm often faced with potential employers who only want my work done as "freelance". The gist of the arrangement is "I'll pay you after I (the employer) get paid". I am aware of the pitfalls of this wi... applies to Ohio · 1 answer

Non Payment of Wages
Sir,I am an electrician for a small San Jose based co.None of the employees have been paid for the last 3 weeks & I am owed $1700.00 as of this date.My employer has told us IF he gets paid we will get... applies to California · 1 answer

Can I be forced to sign a Non-compete / confidentiality agreement?
I am paid as and considered a 1099 contractor by the company I am working for. They do not withhold any federal taxes or provide any benefits. Other than the way I am paid, they treat me as an "employ... applies to Florida · 2 answers

Non-Compete and Corp-to-Corp relationships
I have a corp-to-corp relationship with a vendor company ("ABC") to provide financial IT consulting services to client company ("DEF"). Vendor company ("ABC") is not my employer, nor have they provide... applies to District of Columbia · 1 answer

Employer Refusing To Itemize Paystubs
I am a painter working through a union. My employer continually pays me late. He also does not itemize my deductions. He does not contribute my taxes and does not take out my union dues. The union is ... applies to California · 1 answer

Non-Compete, Contract Employment
I work as an IT contractor, and recently my contract was nearing expiration. The client for whom I worked (a federal agency) re-evaluated its needs and set out a new, similar statement of work as my o... applies to Pennsylvania · 2 answers

are claims of violation of FMLA grievable to the end under union contract?
I was laid off wrongfully while under FMLA. My union agrees and filed multiple grievances, including FLMA violation (the union, not myself, is listed as the grievant). I want to fight this with an att... applies to California · 2 answers

Client/Employer purchased my credit report without my permission
I'm a software contractor. Three days after beginning a contract the client called me into their office and asked me to explain some negatives on my credit report that were over 3 years old. Do I have... applies to Ohio · 1 answer

laid off prior to plant closing, do I get severance pay
I have a question. I know there is no guidelines on Severance pay. But our plant-- Techneglas just closed. We had a contract, which states we will get severance pay. My question is: Is employees who w... applies to Pennsylvania · 1 answer

if i settled a discrimination lawsuit and a portion was done as wages and balance was considered the pain and suffering would I be rightfully listed as 'self employed contractor' and required to pay all taxes even the employer portion ?
I had a settlement paid out to me and had two different checks one of which the employer did pay check as if back pay and the second portion was considered I believe the pain and suffering (can't reme... applies to Ohio · 2 answers

Are freelancers able to file a claim with the NY DOL for unpaid wages?
I am a freelance editor who has not been paid by a media company for work done on their magazine in January 2011. I have signed contracts from them regarding the terms of delivery and rate of payment ... applies to New York · 1 answer

Can salaried sales emp'ee get overtime? I am expected to work weekends in addition to the rest of the week. Salary 90k annually.
My supervisor calls me at home at all hours 7 days a week. applies to California · 2 answers

I'm a department head (manager) at a hotel and base in the NYC salary law i'm supposed to have an increase. But my manager in order to save money is thinking on take me from salary pay and put me on hourly pay. Is it this lawful?
Manager and Human Resource are trying to in certain way demote me to save money and not give me the raise that by law I'm supposed to have. Can you help me to find out if this is lawful or not? applies to New York · 1 answer

Skelly
I have been given a "notice of proposed termination" from the department head. The skelly hearing would be with the same department head (seems unfair) The only option I have been giving by my hr offi... applies to California · 2 answers

Contract Violations - Discrimination
What are the statute of limitations for sex discrimination, copyright infringement, and theft of intellectual property - Thanks - Karen applies to New York · 1 answer

I have worked for my employer over 1 year and now being asked to sign a non compete is this legal?
Private home health care already worked over 1 year have been bullied by owner and other staff and just now being asked to sign non-compete Is this legal? applies to New York · 1 answer

Working many hours over salaried agreement
My husband was a salaried employee with the agreement being 50 hours a week for $35,000 per year. He consistently worked 7 days a week upwards of 60-70 hrs per week and on occasion even more hours. He... applies to New York · 1 answer

FMLA(first its serious enough, now its not)
My FMLA paperwork was given back to me due to it being incomplete.(Sec. 5b & Sec. 7b.) When I took my paper work in to be completed, the doctor decides that he does not want to complete the paper work... applies to Illinois · 1 answer

Can an employer give away employee services, without compensating them?
If I am an personal trainer at a large gym and I get paid per client (at a rate individually decided by ourselves), can my employer give away training sessions without compensating me? My gym continua... applies to Florida · 1 answer

If I accepted a settlement to not file a lawsuit does the payment still count as income for taxes?
I planned to file a lawsuit against my former employer over withheld wages. I was offered a settlement explicitly to not file a suit. Is it still considered income/wages for the sake of taxes or is it... applies to Minnesota · 1 answer

I signed a non compete contract what to do now?
I'm a groomer been grooming for years. I started at a store in town for grooming I signed a non compete contract and now I want to quit and start my own business. The contract said I can't groom withi... applies to Florida · 1 answer

Temporary job - can it affect my possible severance pay?
I got laid-off in April '09 and was told I could be called back in the Fall. If I'm not called back I will be terminated on Jan 1 2010. I haven't been recalled and most likely won't be. Since then, I'... applies to Pennsylvania · 1 answer

Medical Privacy at Work
My employer is shopping health insurance and has asked each employee to complete a thorough medical history questionnaire. I understand that an insurance company would require this for underwriting, h... applies to Arizona · 1 answer

hourly
Can a employer after you have been working hourly change it to salary? applies to New York · 1 answer

the Corporation that I work for changed the classification of my position from salaried/exempt to hourly/non-exempt. Can I quit and collect unemployment? Do I have any options to fight this?
My position duties or expectations did not change. but they are changing the classification from salaried to hourly. applies to California · 1 answer

first step with wrongful termination when less than 15 employees
I was wrongfully terminated in retaliation for complaining about unlawful discrimination-I gave written notice to my boss explaining my intent to quit in 15 days if he didn't show some willingness to ... applies to Arizona · 1 answer

Discrimination and commision problems.
In August I hired into a company with big issues. My employer is currently in a Discrimination law suit from an ex employee on gender issues. My concern is the fact that I know our sales rep is not ge... applies to Ohio · 1 answer

Competition/trade secret issues
Dear Mel, Your site has proved to be most informative and I thank you for that. I'd like to map out my situation for you as succinctly as possible in hopes that you can provide me with some general ad... applies to New York · 1 answer

I have been caring for my wife after cancer surgery. I was placed on unpaiid leave after my PFL ran out. The company has since reorganized and now wants to bring me back as a part time employee. Previously I was a fulltime salaried employee. Can they do t
I have been caring for my wife after cancer surgery. I was placed on unpaid leave after my PFL ran out. The company has since reorganized and now wants to bring me back as a part time employee. Previo... applies to California · 1 answer

Lay Off and Health Insurance
My husband was laid off on Tuesday 9/14/10. His employer cancelled our health coverage within 2 days. We have not received any information yet about Cobra and he was not given any information regardin... applies to Massachusetts · 1 answer

CAN I BE FIRED FOR MISSING WORK DUE TO MY ASTHMA
I have had several problems with my asthma over the past year resulting in me missing some time from work now and then. I have been taken off work a couple of times by my doctor and I have given those... applies to California · 3 answers

can I take legal action against my proir employer
I had foot surgery and was to be out for 8 weeks. My previous employer had me come back one week after surgery even though I provided a doctors note not releasing me from my doctors care. While at wor... applies to California · 1 answer

can I take legal action against my proir employer
I had foot surgery and was to be out for 8 weeks. My previous employer had me come back one week after surgery even though I provided a doctors note. While at work my foot bone broke again and now I h... applies to California · 2 answers

I have several factors: I got injured on the job stepping out of office due to no lighting outside missed step and fractured ankle..Doctor put me on modified work but I have been off work on Disability due to severe depression due to the loss of my spouse
Believe I was demoted wrongfully applies to California · 1 answer

After calling in sick for three days, I'm being forced to resign or sign a new offer letter with a significant pay cut by being put on unpaid admin leave?? Is this legal especially when I have 165 hours of pto saved up?
After calling in sick for three days, I'm being forced to resign or sign a new offer letter with a significant pay cut by being put on unpaid admin leave?? I am an exempt employee and I have 165 hrs o... applies to California · 1 answer

Employment Law Topics

Employment Law FAQs

Independent Contractors