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Recent Fringe Benefits questions

My son-in-law is a computer engineer who works from home,

My son-in-law is a computer engineer who works from home, and troubleshoots problemsthat his company's clients needs help solving when they call in to him.He is paid a salary by his employer and is definitely NOT in business for himself.Last year, his employer changed his status from an employee to an independent contractor.To me, that was solely in the interest (to save different costs that my son-in-law would now have to pay) of the employer and was NOT allowed by law (he lives and works in New York). Is this wrong on the part of the employer? Also, what taxes exactly would my son-in-law be obligated to pay that was being paid by the employer? Thank you.

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Infolawyer

Attorney

Juris Doctor.

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The SCA health/welfare fringe increased to $4.27on or around

The SCA health/welfare fringe increased to $4.27on or around July 1. Do you know if this is true? If so, how would that reflect on paychecks? Would this effect employees who have agreement signed before July 1, 2016?

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Lucy, Esq.

Juris Doctor

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29,518 satisfied customers
I'm a Texas employer in the Software consulting

I'm a Texas employer in the Software consulting industry. In our industry, 3 types of jobs are offered to consultants working 40 hours/week - full time with benefits, W2-contract and 1099. The W2 contract employment means consultants are hired for 40 hours/week for say 3 months, and paid an hourly compensation without benefits. The employer withholds all payroll taxes for them. This is preferred by consultants over 1099 as they do not have to do complex tax filings on their own. I'd like to confirm that the W2-contract arrangement is legal.

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200 satisfied customers
I was "offered a separation package" from my job of 12years

I was "offered a separation package" from my job of 12years and 7 months, on 05/06/2016. I was just told today around 2pm CST that I have until midnight tonight to start the "Employee Dispute Resolution Process (EDRP).Should I respond? I feel I was terminated out of retaliation for reporting a co-worker who used racial language in speaking with me. HELP!!!

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Ray

Lawyer

Doctoral Degree

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34,502 satisfied customers
Not sure if this is a legal issue but would you know if unemployment

not sure if this is a legal issue but would you know if unemployment tax and fica taxes would be considered fringe benefits? since they are employer based taxes, I would not think they would be considered fringe benefits-

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Patrick, Esq.

Doctoral Degree

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My car was booted and and ticketed by my university with no

My car was booted and and ticketed by my university with no warning nor explanation when I was legally parked.Further details: I have been an employee of this university since August 2015. Beginning in January 2016, I also became enrolled as a student. My employment status and position did not change. In April 2016, received an email from university transportation services stating that since I was enrolled as a student, they could no longer deduct parking payments from my paycheck, and so I must return my employee parking permit. Again, I was working at the same job, paid the same salary, had the same supervisor, etc. - the only difference was that I began attending classes. I responded to transportation services via email stating that I would be glad to pay the parking fees directly to the office since they could not deduct them from my paycheck. Additionally, transportation shut off my employee bus pass without warning. I have not heard from them since this response. I was never sent any university policy regarding changes in my transportation services due to the "change" in employment status. It seems that student status supersedes employment status, but the communication regarding this change in their system has been extremely limited. The change was not made until April 2016, and I was enrolled as a student in January 2016. I would be happy to answer questions about details if necessary.

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Phillips Esq.

Attorney

Juris Doctor

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17,244 satisfied customers
I own a small business in Austin,TX. I know TX is "at-will",

I own a small business in Austin,TX. I know TX is "at-will", but I want to make sure there aren't certain things that need to be done prior to firing someone.My question: If my business is in an "at-will" state, can I fire someone on the spot and be 100% legally "in the clear"?In case you need more details:This is a National Sales Rep who was given clear sales minimums and goals when she started (they were written down in a presentation and she took notes, but the presentation was not sent to her..but I do have my preso with the circles and scribbles on it from my talk when I showed it to her since it was on an iPad with an apple pencil- so it's like a screenshot of a whiteboard).She has worked for us over a quarter and sales were barely 1/2 the minimum (which she originally had laughed at saying how low it was). We had a quarterly review with her this week and it was clear she in no way felt her sales were low or could be improved, said nothing could be changed, and had no response when asked how she felt about the discrepancy between the requirements we gave her and what she actually did in Q1.We hired her to be our lead sales rep to oversee the new recent grads we're looking to hire in the next couple of weeks. This is obviously not a good fit. She sold herself as an independent go-getter with big ideas and incredible drive. We haven't seen a flicker of that energy that we loved.We were going to wait a couple of weeks before letting her go, but ever since our meeting, she has "checked out", taking long lunches, getting in a little late, making only 1 or 2 calls a day, etc. We're a small business and can't afford to pay her $1,000+/wk when our automated google ads brought in more sales than she does. I also feel strongly that if she were given a "notice" of 1-2 weeks she would not work at all and might delete account information (based on comments she's made about her previous employer and her feelings towards them).Can I legally fire her on the spot this week? Or do I need more documentation? It's sales, so having the minimum $ amount and seeing her performance would be enough (I'd hope!).Please help!

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Ray

Lawyer

Doctoral Degree

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34,502 satisfied customers
I took a medical sales job with Medtronic in September. Last

I took a medical sales job with Medtronic in September. Last January Medtronic acquired a company called Covidien and the "Legacy Covidien" division hired me. So I've been employed this entire time by Medtronic but wanted to give some backstory. I've heard a rumor that all the sales reps that sell my product offering are going to be laid off in April. There are 3 reps total in my territory and Medtronic is going to keep 2 and let one go. I'm the most recent hire so it appears I'm going to be the odd man out. I'm 40 years old. Is this legal for them to do? I was hired in and never told that the division I was hired into was going to be expendable. I asked my manager about these rumors and he said he wasn't sure what was going to happen but he said "We've been waiting for a year for something to be announced." This seemed like a strange thing to say. My frustration is why didn't they tell me this in the interviews? I gave up a very high paying position to take this job and after 7 months they lay me off? What are my rights under the Older Workers Benefit Protection Act? Since I'm over 40 can I sue for discrimination? Can I take any legal action as I feel I was mislead in the interviews and gave a high paying position to take this job?

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ScottyMacEsq

Doctoral Degree

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22,322 satisfied customers
Can an employer withhold vacation pay that has been earned

can an employer withhold vacation pay that has been earned upon termination or quiting their jobJA: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?Customer: noJA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: empoyees have either quit or been terminated and are refused their vacation pay and or personal days they have acruedJA: Is there anything else important you think the Employment Lawyer should know?Customer: noJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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P. Simmons

Attorney

Doctoral Degree

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34,682 satisfied customers
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