QUESTION

Can I sue my former employer for treating me similar to full employees while hired as an independent contractor? And 2 days unpaid?

Asked on Jan 21st, 2019 on Wage and Hour Law - Texas
More details to this question:
I was hired as an independent contractor Jan 2018 for CAD work for a small company in Round Rock, TX. Company hours were 7am to 5pm with Friday 7am to 12pm. Employer said I can show up 8am to 5pm and work Fridays to make 40 hours . I agreed not knowing how independent contractors are supposed to be used. After a month of working my employer persuaded me to work 7am similar to his full time employees. From day 1, I was treated exactly like his full time employees which received benefits but I did not receive benefits. After 3 months I myself found the truth about 1099 employees and expressed it to my employer and quit. I emailed my last time sheet which was only 19.5 hours at $27/hr equalling $526.50. He emailed back with outrageous lock replacement fees because I didn't return the office key and deducted $275 for replacing the locks and emailed me only 18 hours instead of 19.5 hours in my timesheet. He also wrote 18 hrs is $486 minus $275 = $211. I refused the check.
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1 ANSWER

Immigration Law Attorney serving Arlington, TX
2 Awards
Because you were treated like an employee, you should file a wage claim through TWC: https://twc.texas.gov/jobseekers/texas-payday-law#paymentsSubjectToPaydayLaw The employer may also be in trouble with TWC and the U.S. Labor Department for classifying you as a contractor and treating you like an employee. The employer likely did that to save on payroll taxes.
Answered on Jan 28th, 2019 at 9:32 PM

--- The Overstreet Law Firm 2100 N. Main, Suite 228 Fort Worth, TX 76164 Phone: 817-810-9747 Email: rdolaw@gmail.com https://www.theoverstreetlawfirm.com/

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