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I am trying to find out wage violations (non-payment) for…

Customer Question
Good afternoon. I am...

Good afternoon. I am trying to find out wage violations (non-payment) for the state of Florida. Can you point me in the right direction or answer some questions? Thanks!

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Contract employee

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, the employer has not paid my salary in two months, he has issues checks which have bounced and made promises to settle up which he has failed to.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Florida

Submitted: 8 months ago.Category: Employment Law
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Answered in 3 minutes by:
9/28/2017
Employment Lawyer: KLAW, Lawyer replied 8 months ago
KLAW
KLAW, Lawyer
Category: Employment Law
Satisfied Customers: 2,289
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Are you a 1099 independent contractor?
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Customer reply replied 8 months ago
Do you need additional information from me to answer my questions?
Employment Lawyer: KLAW, Lawyer replied 8 months ago
No
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Employment Lawyer: KLAW, Lawyer replied 8 months ago
I will work on your answer
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Employment Lawyer: KLAW, Lawyer replied 8 months ago
If you are an independent contractor then you would have a breach of contract claim against the company.Any unpaid money earned under contract you can sue the company.
Depending on the amount of chain you could sue either in small claims court or circuit court.You would need to look at your contract to see if there is an arbitration clause in the contract which will only allows arbitration for the money owed.
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Employment Lawyer: KLAW, Lawyer replied 8 months ago
Another potential issue is if you were Really an employee and not an independent contractor. If a company misclassifies an employee as contractors to avoid their legal obligations as employers, including withholding and contributing to payroll taxes, providing workers’ compensation insurance, and paying into the state unemployment insurance program, then your unpaid money claim can be filed with the Florida Department of Labor.
Many employers are also trying to skirt their responsibilities under wage and hour laws, including the obligation to pay minimum wage and overtime, provide meal and rest breaks, and issue paychecks in a timely manner.
Whether your employer is intentionally breaking the law or has accidentally misclassified you, you are entitled to the wages you would have been paid if you were properly classified as an employee.You always have a right to file a claim with the Department of Labor to determine if you are an employee.Here is a link to the Florida Department if Labor.
http://www.stateofflorida.com/employment.aspx
I hope this clarifies. Please don't forget to rate the question with stars so that I will receive credit and payment for assisting you with your question.
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Employment Lawyer: KLAW, Lawyer replied 8 months ago
If you have any other questions please just ask
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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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