Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

This is an unusual question. I work as a 1099 contract

This is an unusual...

This is an unusual question. I work as a 1099 contract employee for a Psychic Line which I have worked for for over 20 years. For the past 8 years and especially last numerous unfair and unethical practices against myself and others,. I am aware of option of reporting to Labor Dept . misclassification as contract worker . Wonder my risk of being fired by doing that. I am in a very desperate situation with them

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

The company is based in Florida . I live in New York State

Lawyer's Assistant: Has anything been filed or reported?

Not yet they place everyone who works for them in fear Dept Of labor for Fla encouraged me to file last year but warned that it coul get verym ugly as it brings them scrutiny from the IRS and that I could be placing myself in personal danger. I do not fear IRS am filing taxes and not hiding anything. sorry for typos cannot correct on here without wiping out whole sentences

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

They are limiting when I can work and denying it , put me in a fixed pay with no opportunity to increase, long story

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
3/12/2018
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. The first thing that you need to know is that Florida is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

Now that being said, IF you're terminated due to reporting a misclassification, even if you're wrong, you can still file a complaint against the employer for "retaliation" (retaliating against you based upon your filing of the complaint for misclassification). IF that occurs, The first step in such a process would be to file a complaint with the EEOC. You can file a complaint at the EEOC field office nearest to you (you can find the list here: https://www.eeoc.gov/field/). Contact them and inquire about the process to file a complaint. Once you file the complaint, they will conduct an investigation, and if they find that it's meritorious, they'll either try to obtain a settlement from the employer or give you a "right to sue" letter. You'd then want to take that to an attorney in your area to look at your chance of a case.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,161
18,161 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

18,161 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I worked for a public company with an employment contract.
I worked for a public company with an employment contract. The employer stopped paying tax and said I was now a “consultant”. I never changed duty or office space, still had company Amex and privilege… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,145 satisfied customers
I work for a company that is non-union, with less than 20
I work for a company that is non-union, with less than 20 employees. There are 3 management employees that are 1099 employees. All other employees are hourly. One of the 1099 employees has medical ins… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My name is ***** ***** I have a misclassification of
Customer: Hi my name is ***** ***** I have a misclassification of contractor and breach of contract for a W-2 to 1099 … read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
, I am not ion he said ate of California, but Michigan. I
Hi, I am not ion he said ate of California, but Michigan. I am a 1099 employee. Per my written contract I must issue a two week written notice if I want to quit. Which I did. Tomorrow is my last day. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a hearing with the California Labor commissioner in
I have a hearing with the California Labor commissioner in a few weeks. I am hoping you can provide some clarity. The situation is this: I live and worked from a home office in CA. I was offered a pos… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
i worked for an employer that paid me as a independent contractor
i worked for an employer that paid me as a independent contractor ( 1099 but according to the dept of labor and other agencies i am not a independent contractor ) if i file for unemployment will i be … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I worked for a firm that hired me under the stipulation that
I worked for a firm that hired me under the stipulation that I would be issued a 1099 for the probationary period of 90 days. After 90 days they kept me on, but did not switch to a W-2 for 6 months. N… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I am being downsized from my company and will be receiving
I am being downsized from my company and will be receiving a severance package. I was told there is a 1 year waiting period before I can consult independently with the company I was downsized from. Wh… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My employer has made me and many others contractors, (1099ers)
My employer has made me and many others contractors, (1099ers) myself for nine years now, and avoids paying all the mandatory Federal and state employer responsibilities. Is this legal? I am in the st… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
My husband and I reside in Northern Kentucky. Husband was
My husband and I reside in Northern Kentucky. Husband was hired by an Indiana horse-hauling company to drive its equipment and to pick up and deliver horses throughout the U.S. as well as care for the… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I recently left an employer who kept me as a contract laborer
I recently left an employer who kept me as a contract laborer when all other persons working there were employees. I agreed to it in te beginning but kept respectfully XXXXX XXXXX they were going to s… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
A high profile client/employer has misclassified me as an independent
A high profile client/employer has misclassified me as an independent contractor (unbeknownst to them- hard to believe). After 2 weeks with the irs and labor dept in their office, they have now sent m… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,116 satisfied customers
Can an employer not take taxes out of your paycheck and just
Can an employer not take taxes out of your paycheck and just 1099 you at the end of the year? State of Arizona.… read more
socrateaser
socrateaser
1,031 satisfied customers
The company I work for told me when I was hired on that
The company I "work" for told me when I was "hired" on that come tax time they would pay whatever I owed. They never had me fill out a 1099 form...they will not give me a w2...and now they won't pay w… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
My previous employer wants to issue 1099 instead of W2 for
My previous employer wants to issue 1099 instead of W2 for year 2009 since he never issued pay stub,( company at the time was facing financial problem so they paid employs net amount by company check … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I own a small salon and would like to hire 2 part-time employees
I own a small salon and would like to hire 2 part-time employees (each would work about 4 hours a day 3 days a week. Do I need to have woorker comp. can I just pay them $10 per hour and have them take… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
The small (10 employees) landscape design company where I have
The small (10 employees) landscape design company where I have worked the past 2 years in California was running low on work They called me in, and said they did not want to fire or lay me off but wan… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I was offered work as a live on premises maintenance ...
I was offered work as a live on premises maintenance person. This is what they offer work 20 hours for apartment, anything over the 20 hours they pay me by the hour, i have to pay my own taxes and rec… read more
EMJ1219
EMJ1219
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x