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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110492
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Need to talk to someone regarding independent private duty

Customer Question

Need to talk to someone regarding independent private duty nursing position at someone's home I was terminated they paid us cash I have no records of my time but they're saying I put down more time then I was paid for
Submitted: 1 month ago.
Category: Business Law
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 month ago.
Is it possible to speak to somebody on the phone
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order for you to have a civil suit against them for money due to you, it is your burden to prove the hours you actually worked that they are refusing to pay you for. Also, if they dictated your hours and you were controlled by the family in your employment, you could possibly be deemed an employee and not a true independent contractor and as such you can also tell them that you are going to file a complaint with the US Department of Labor against them regarding them misclassifying you as an independent contractor and they will be fined for not paying taxes and social security on you as they are required to do.
Frequently in these cases people hire home help and the home help is not an independent contractor where the employer provides the tools and sets the times and dates for you to be there. So they have to treat you as an employee and not independent contractor, so if that is your situation the employer could be in a ton of trouble.
If you are a true independent contractor, to get your money you would have to have some proof of your hours or else you could not succeed in court against them without such proof and records of your time.