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Topic: Reclassification of my status from 1099 independent
Topic: Reclassification of my status from 1099 independent sales rep to W2 employee dating back to November 2015.Question:Would my former employer treat the possibility of me filing for reclassification of my status of a 1099 independent sales rep to W2 employee dating back to November 2015 and ending July 1 seriously enough to make a out of court settlement?Attached Files1099toW2***.pdf gives all the details which are also pasted in this window.Kevin****Agreement.pdf is the agreement.July 27, 2016Reclassification of my status from 1099 independent sales rep to W2 employee dating back to November 2015.Dear Attorney,Would my former employer treat the possibility of me filing for reclassification of my status of a 1099 independent sales rep to W2 employee dating back to November 2015 and ending July 1 seriously enough to make a out of court settlement?Excerpt from attached agreement:“Description of Services: Consultant will provide consulting services related to expanding the business, creating sales and generating revenues for the company”This is the only document signed or otherwise acknowledged in writing the nature of my employment.Here are some of the characteristics of my working arrangement which might be helpful in establishing a credible, not certain to win, case.The product I tried to sell was not ready for market as illustrated by the growth of global sales from ZERO to ZERO over two years ending July 1, 2016. I moved into other roles which would be classified as marketing and those fit my professional background in marketing. I offered market analysis, strategies, new product development expertise and attended meetings held by the Owner & President, the VP of Sales and Marketing, and others. I worked normal hours from 8am-5pm weekdays in the company office since Nov 12, 2015. They provided me a company cell and business cards, as well as, the title of "Director of Business Development". I had a direct reporting relationship with the VP of Sales and Marketing. I was given a company shirt and ordered to wear it on Wednesday's to brand our company. Additionally, in my independent contractor agreement I was required to work a minimum of 20 hours per week unless otherwise approved by the company. My picture, title and biography was listed in the company information as team member on its website. The contract is attached. My new boss as of June explicity told me that I need to be hired because he has “seen enough employement situations to know what is and is not a 1099 position.”After promising for months to hire me as a salaried W2 at a rate of $5000 per month which I offered because I naively thought it would help the company get through this tough stage. However, I stipulated that my salary would need to be market based by September of 2016 or once another round of investment was gained. Interestingly he hired three more people before starting to pay me still under the 1099 arrangement. Finally, in April the company found new investors and promised to hire me soon as an employee reporting to the new “VP of Administration”. I was paid four times from April to May of 2015 totaling only $6000 (from which I owe 12.4% Fica) (vs. $17,000 owed). In June he told me in front of the HR Director (his wife) that not only would he pay all the back wages from April and May, but catch up for June by month's end. The owner had fulfilled on $6000 of the $17,000 he acknowledges he owes me. If I were treated as a W2 since starting, I would have earned $44,000 including his FICA obligation.
A billing dispute goes to civil trial. The plaintiff is
A billing dispute goes to civil trial. The plaintiff is seeking $20. The defendant believes $3 is owed but offers to settle for $6 during mediation. The plaintiff refuses to settle. The court decides $6 is owed. Is this a considered judgement against the defendant for $6 even though the defendant was willing to settle in mediation for the amount that satisfied the court?
My attorney has drafted a lawsuit against my employer which
My attorney has drafted a lawsuit against my employer which is a city municipality. I am a police officer. Today she asked me what kind of damages am I looking for just in case they would want to settle. The lawsuit shows where there are six counts of violation of my rights.Count 1: Due Process, refuse me right to a hearingCount 2: Wrongful termination by the Chief of Police when he has no authority to do do.Count 3: Sexual harassment discriminationCount 4: Violation of whistleblower statueCount 5: Abuse of RightsCount 6: Intentional infliction of emotional distressBefore he retaliated, we went through an unsuccessful mediation where we asked for 185,000. Now that other rights were violated can you give me an idea of what i should possibly request in damages. I have never been involved in a lawsuit before and habe no idea of what types of damages to seek. Can you help?
I am a swiming pool service company. My license is in county
I am a swiming pool service company. My license is in Lee county FL, but i had accounts in Collier county FL and i was working without a license. I sold all my accounts of collier to someone. Within 90 days he lost and cancel account. Our contract says i can give accounts as replacement or pay cash. I choose give accounts. Buyer want cash from the escrow balance of $3800. I refuse and then he threath me to file a writ with the county because i was doing pool service in collier county. I agree to settle to the $3800 to avoid a problem with collier county, then he send me a settlement letter that thw $3800 cover the dispute of accounts but also that i have to get my license in collier county. If i pay, i feel he can still file a complain. I know that i did wrong by working without a license by i feel he is extorsion me at this time. What can i do?
We ( ********** ) had the independent contractor who signed
We ( ********** ) had the independent contractor who signed the non-compete and termination clause. We found that contractor is in violation of non-compete and term/termination clause mentioned above. We had the outstanding payment of $5400 due to the contractor. We decided to pay only $2250 and keep rest of the $3150 as a settlement payment. Whether the agreement drafted ( see attachment) covers everything or do I need to specifically mention anything extra ?
How can one tell with certainty whether one is named as a
How can one tell with certainty whether one is named as a defendant in a civil lawsuit? When calling the county court and providing a docket number, only Mrs. is named on the suit. However, on an initial letter on the plaintiff's attorney's letterhead, both Mr. and Mrs. are named, and mail is being sent by the attorney to both Mr. and Mrs.
I have a small business (S Corporation) with 2 otherView more business law questions
I have a small business (S Corporation) with 2 other partners. What business insurance should I discuss with my insurance broker to protect ourselves with the absolute best insurance coverage from ever being sued. I want to get insurance coverage to best protect our business and us as shareholders from customers, employees,...anyone from suing us and not be covered by insurance.