Accepted Answer

Thank you for the extra information.

If you were a 1099 employee, then you were an independent contractor and not an employee of the business. As such, and unfortunately, they do not owe you for paid time off, as you weren't technically an employee of the company.

The one caveat is that if they had a record of you accruing time off, then perhaps you could argue that although they attempted to classify you as a contractor, by recording your paid time off they were in fact treating you as an employee, and you would be owed the PTO. If a company provides paid time off that is unused at the time of employment separation, that money is owed in Delaware. The issue for you is that you weren't classified as an employee but as a contractor, and PTO wouldn't apply to you. However, because they were treating you as an employee despite your status, I think there is an argument to be made that you are owed the PTO, and if they fail to give it to you, you should file a wage claim charge against the company with the Delaware Department of Labor (the form can be found HERE).

I hope that helps, and thank you for the opportunity to answer your question. If you have any further questions, please do not hesitate to ask. Otherwise, please remember to click the green ACCEPT button so that I can receive credit for my work.

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Expert:	SavyLawyer
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Accepts:
Answered:	11/4/2009

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