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.
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.
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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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