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I have worked for a company for a little over two years. The

first year I recieved a...
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?
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Answered in 1 minute by:
7/13/2013
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified

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.

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Customer reply replied 4 years ago


Yes.

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:

http://www.dol.ks.gov/Laws/

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!

Tina

Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified
Tina and 87 other Employment Law Specialists are ready to help you
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Tina

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Tina
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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
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Experience: JD, BBA, recognized by ABA for excellence.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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