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Ask Tina Your Own Question
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33167
Experience:  JD, BBA, recognized by ABA for excellence.
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I have worked for a company for a little over two years. The

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I have worked for a company for a little over two years. The first year I recieved a 1099. I drove a company truck and showed up to a shop and was told where to go. The second year I started getting a w-2 for forty hours and anything over I would get a 1099. I worked for Earnies mechanical and drove a earnies mechanical truck and would show up to the earnies mechanical shop. I would get my 1099 from a warren lc and my w-2 from a jt property management company. I never recieved a check from earnies mechanical. I recently quit and my new employer said that it was illegal. What should I do and what can I do?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

You were working in the state of KS when the employer was engaging in this practice?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.


I see. Thank you for clarifying that.

This practice would typically violate state and federal laws since it appears the employer was intentionally attempting to avoid paying you overtime by misclassifying you as an independent contractor when you should have been treated as an employee for all purposes.

Here is a link to report the practice with the state DOL. They should investigate and aid in collecting back wages owed to you:

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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