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 mony from my invoice. Now I am also not getting paid on time. Invoices are due in on Monday and to be paid on Friday. I turn in my invoices on Monday and am not getting paid till two or three weeks later. When I asked them about it I was told that he forgot to give it to the accountant. When I asked about why they are paying me less then what I submitted, they are telling me that they have a guy that does work for them that does the work faster. Now this guy had a crew and I am a one man show. They know this and still pay me less them what a put on my invoice. Do they have the right to make changes on my invoice without my permission ? And do they have the right to with hold payment, when I turnedin the paperwork on time?
Thank you

1 answer  |  asked Jan 30, 2015 2:26 PM [EST]  |  applies to New Hampshire

Answers (1)

John Skinner
It sounds as if you MIGHT not fully meet the test for an Independent Contractor. We would have to discuss the issues with you over the phone to explore that since it would open up a whole new can of worms for you and your employer as well as dictate your rights in this situation.

GENERALLY, if you truly are a 1099, then there isn't much you can do here except work elsewhere. On the other hand, if you are really an employee, then you are not only protected with a whole host of rights for these violations, but your employer is in serious tax trouble. Please give my office a call this week to discuss 603-384-3849.

posted by John Skinner  |  Feb 1, 2015 12:19 PM [EST]

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