QUESTION
I cannot get my pay from my former employer
Asked on Jun 06th, 2015 on Labor and Employment - Indiana
More details to this question:
It is a cleaning company so I am considered a subcontractor, shes saying she paid me & threatening me but I have no receipts that she has. She told me to take her to civil court but I know its illegal to withhold earnings. She has also forged a 1099 that was sent to IRS on my behalf,also stating she was going to screw me at the end of the year on my taxes All of this is through texts & I still have them all..
1 ANSWER
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Dear Amanda,
Your employer cannot withhold wages, except for a very few limited exceptions. However, your employer is doing this because they are not considering you an employee, but rather, and independent contractor. The U.S. Dept. of Labor is currently cracking down on employers who attempt to classify their employees as independent contractors in an effort to avoid paying benefits. If you have questions about your rights as they pertain to your employer, please contact me for a free consultation.
Chip Clark
Answered on Jun 08th, 2015 at 12:40 PM