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Employer Refuses To Pay?
My Wife's employer put her on Salary of $250 a week and she works about 60 hours a week to get that. She's been working there for about 6 months.
However her appendix burst and she was in the hospital for a week. Then the next week she went back to work on Thursday, worked both Thursday and Friday.
She went in to get her check and they told her, not only will she not get paid for the week her appendix exploded, but she will also not get paid for the week that she only worked 2 days because she did not work a full week.
I was wondering what are the legal aspects we can go after to get the money from them? Anything else we can do?
She gets paid with a 1099 btw. So she is not a traditional employee
6 Answers
- michrLv 77 years agoFavorite Answer
she is NOT an employee so labor laws do NOT apply, she can sue them in small claims court if they refuse to pay what she bills them....
whether or not she is misclassified is not relevant to the question at hand but the two are related. she needs to address the misclassification issue.
some state's (not all by any means) departments of labor will assist with the misclassification however in some states they won't.
she needs to contact your state's DoL to see what they will and won't do to assist her.
to find your state's DoL see:
http://www.dol.gov/whd/contacts/state_of.htm
she also needs to fill out an SS-8 with the IRS at:
http://www.irs.gov/pub/irs-pdf/fss8.pdf
once she has that determination she can proceed accordingly.
- JudyLv 77 years ago
Sounds like she really is an employee, they have just illegally classified her as a 1099 contractor.
She can file form SS-8 with the IRS and request a determination of her status.
Warning though: If the IRS agrees with her, the company might decide they don't need her any more.
- KLLv 67 years ago
She is only entitled to get paid for the days and hours that she WORKED. As a 1099 (independent contractor) she shouldn't expect to get anything more. I would send the person she was working for an invoice for the amount she is due. If she doesn't get anything then she will need to sue that business in small claims court.
- ?Lv 77 years ago
60 hours for $250? That's like $4.25 an hour. She'd make more working at Taco Bell. They are paying her about half minimum wage, that is illegal.
She isn't entitled to pay for time she wasn't at work. If she worked the two days, she gets paid for the two days.
She is probably illegally classified as a 1099 as well. Does she work at their location, with their supplies at the times they tell her and do work they give her and do it how they tell her to?
- Valleycat1Lv 77 years ago
If she has only been there 6 months she probably doesn't have any sick leave so you can't collect for days she wasn't at work. However, if she actually worked any amount of time, they are legally required to pay her for the hours. She needs to go to her supervisor and request again her pay for time worked, work her way up the chain of command and then go to a lawyer if she doesn't get anywhere with the company reps.
- Casey YLv 77 years ago
If you are in the US, they are already breaking the law by not paying her enough. You can file a complaint with the local labor board.
