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Can an employer in the mental health field who contracts an…

Can an employer in the...
Can an employer in the mental health field who contracts an individual as a 1099 (independent contractor) to provide mental health services to clients by billing insurance companies (Bluecross, Medicaid, etc) deduct hourly pay of $8 an hour (contractor makes $42hr) in the event a clients'documentation is not in the company's' database within 48 hours. Average session would be 2hrs (-$16). The employer had not incurred any losses which would have affected them. Would this be a deceiving practice? Is this lawful?
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1/18/2018
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 61,679
Experience: Licensed attorney helping employers and employees.
Verified
The contractor has to be paid the agreed rate without penalty or deduction. If there is a performance problem the sides can discuss and alter rates for the future but not for work performed.Please let me know if the reply is acceptable by responding “yes” or “acceptable”Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as experts are not employees of the site and do not get any credit for spending time with customers unless they leave positive feedback. Thank you.
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 61,679
Experience: Licensed attorney helping employers and employees.
Verified
Infolawyer and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 4 months ago
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Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
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Experience: Licensed attorney helping employers and employees.

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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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