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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32322
Experience:  Employment Law Expert
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I am paid by check and I file as an employee with w-2's but

Customer Question

I am paid by check and I file as an employee with w-2's but when I ask them about these benefits they tell me I am a contractor. They had a law suit regarding wages, they have always explained the wages very vaguely, never gave a real answer to the questions for me and other employees, a couple of years ago after the law suit they sent a check to all employees and a paper to sign that we don't sew them. I never signed it. Last year They forced me to sign a contract with them and I refused but they said I'll lose my job if I don't sign, the contact basically said that they re not in obligation for anything towards me. I need to know how legal all this is. I have about 5 other people that have issues with wages, vacation not paid when it should have been paid in June of this year. Since this company is based in california, everything is electronic, it is almost impossible to get them on the phone or in person and electronically, they only answer certain things and they try to be vague with their answers all the time. I need help! I cant get anything done a lone and we believe their actions are not totally legal.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

What specific question can I assist with?

As to the question "is all this legal", that's impossible to answer since we don't have access to all of the paperwork, the job descriptions, the employer's filings, the contracts, the lawsuit, etc.

Customer: replied 1 year ago.
as an employee, there is no law that protects my right to get a raise or a paid vacation with my employer?
Expert:  Dwayne B. replied 1 year ago.

No, unfortunately, the law doesn't require that a private employer (as opposed to a government employer) give raises or vacations in South Carolina.

Many people believe that employees have more rights than they do so I found a link to the SC Department of Labor website which confirms this at http://www.llr.state.sc.us/Labor/index.asp?file=wages/faq.htm

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