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LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37459
Experience:  30+ years legal experience and I keep current in Employment Law through regular continuing education.
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For the past 5 years my employer has had me misclassified,

Customer Question

for the past 5 years my employer has had me misclassified , paying me with a 1099, not taking out taxes and not paying into the unemployment system or workmans comp. This year he said he was going to put me and the other employee on the "books" but didn't start it until 2 months or more into our season. Once we started getting paychecks, with taxes taken out, we were not getting any of our overtime, and he had automatically taken $2.00 per hour from us to pay for our unemployment. I need help to get what's owed me.
Submitted: 7 months ago.
Category: Employment Law
Expert:  LawTalk replied 7 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What is your question?

Doug

Expert:  LawTalk replied 7 months ago.

Hi,

I won't be able to assist you if you are not able to provide the minimal information I sought clarification on. Please get back to me with this information at your earliest convenience.

Doug

Customer: replied 7 months ago.
what are my options. how do i get what's owed me, and get him in trouble as well?
Expert:  LawTalk replied 7 months ago.

Good afternoon,

Thanks for the clarification.

You have a couple of options. You can sue the employer yourself and seek up to 4 years of past unpaid wages (4 years is the limit under the law), or you can hire an attorney to sue the employer for the back pay.

Finally, you can ask the state to assist you to get the money owed you by filing a wage complaint with the state. Here is a link to the process and the form that you will fill out to have the state assist you in your claim: http://www.com.ohio.gov/documents/dico_MINIMUM_WAGE_COMPLAINT.pdf

And yes, he would get in a lot of trouble with the state and the feds---9n terms of state and federal tax withholding, the lack of workers' compensation and unemployment insurance. The employer could be fined tens of thousands of dollars in fines depending on how many employees are effected.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help, or you are a subscription customer already. All rating does is ensure that I am paid for my time in working with you. So, please do be sure to rate my service to you. Rating is accomplished by clicking on the rating-stars on your page. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 7 months ago.

Hi,

It is possible that your questions and issues might be better served by an in-depth conversation with me. You can request a call by clicking on the "Call Me" button on your page.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug

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