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: 17,965
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: 17,965
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?
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,965
17,965 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:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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.

< Previous | Next >

Related Employment Law Questions
I have filed with EEOC on the TDCJ Warden on Johnston for
Thank you, ***** ***** filed with EEOC on the TDCJ Warden on Johnston for sexual harressment, now I'm uncomfortable at work, what can I do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I BELIEVE RETALIATION DISCRIMINATION FROM MY MANAGER AND
I BELIEVE I AM RECEIVING RETALIATION DISCRIMINATION FROM MY MANAGER AND REGIONAL MANAGER … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I currently have an EEOC investigation going on with my
I currently have an EEOC investigation going on with my former employer-the case was filed in Georgia but I have had to sell my home and am thinking of moving out of state-will this hurt my case?? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I am concerned about retaliation with regard to an event
I am concerned about retaliation with regard to an event that took place at work. If I am terminated stemming from that am I able to seek compensation? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I just sent in an EEOC complaint regarding something that
Hi, I just sent in an EEOC complaint regarding something that happened over ten years ago. I was told a few years ago that my boyfriend got my boss to fire me because we broke up. The boss is an attor… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I believe that have case of retaliation for whistleblowing,
I believe that have case of retaliation for whistleblowing, which happened while ago. the question is this a case and what could be time limits for this … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
It's a labor question employment law. I'm seeking a lawyer.
well I was denied unemployment - the employer said I was insubordinate. I am trying to create an appeal and I was hoping the attorney would look at what I wrote.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I believe I was terminated from employment as retaliation
I believe I was terminated from employment as retaliation form me speaking up for myself when my direct supervisor called me lazy as I was reporting to my station. I had been documenting and taking pi… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
This is a whistleblower retaliation. I was involved in a
This is a whistleblower retaliation. I was involved in a whistleblowing of USPS and I left USPS. About 1.5 year after I left the USPS, this USPS retaliate by alleging I own them money (my part of heal… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I was harrassed and retaliated against by supervisors
Good morning.. I was harrassed and retaliated against by supervisors protecting a man that was impersonating an employee. This man was also harassing me because I would not comply. Now that I have s c… read more
Damien Bosco
Damien Bosco
4,124 satisfied customers
I have an EEOC claim pending against the Louisana Department
I have an EEOC claim pending against the Louisana Department of Education for retaliation for filing a grievance against my supervisor that resulted in my termination. I have also filked an appeal wit… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
466 satisfied customers
Could you tell me what the wage and labor laws regarding an
Hi, could you tell me what the wage and labor laws regarding an individual possession two W2 positions? the 2 companies have zero conflicts with the other in terms of competition. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I am a recently promoted supervisor at a major logistics
I am a recently promoted supervisor at a major logistics company. I have another female supervisor who was promoted a month after me, however is making a lower wage when she has longer experience as w… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,817 satisfied customers
How does disciplinary action work when I'm not doing the
How does disciplinary action work when I'm not doing the work that hasn't been in my PD I did without pay then OHR told me that they witnessed for an 11 but was destroyed. And I told them 1 1/2 that I… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am an rn for 25 years. With no disciplinary action. I was
I am an rn for 25 years. With no disciplinary action. I was sent for a 7 drug screen because my employer said my speech was slurred and my mouth was dry. I take blood pressure medicine and phentermine… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been given written disciplinary action for taking
I have been given written disciplinary action for taking sick time off. I am a part time employee in AZ so I do not qualify for FMLA, and I was given no alternatives before I was written up. What are … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
17,965 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