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What are the rights of an employee?

I am being paid as a 1099 employee but been working like a regualr employee logging hours what are my rights?

  • I use to work 40 hours a week getting paid every 2 weeks. Now I only work 25 hours, my boss lowered my hours because of the current economy situation. He has been paying me late and now he is saying that he will pay me every 15th and 30th not every 2 weeks now that he owes me money. He said good thing i still have a job and shouldnt complain what are my rights? I feel like he is holding me by the neck

  • Answer:

    Whether you should be paid with a 1099 depends on your job. If you agreed to work from a 1099 then it is a little late in the game to start complaining about it now. That is something that you should have addressed when you took the job. If your employer pays you on the 15th and 30th then he is still paying you every 2 weeks. It sounds like he is having financial difficulties. If things are not working for you and your employer then you may want to see if you can find another position or a part time job to supplement until business picks up.

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Chances are that you are really an employee, not a contractor, so you should be paid as an employee, with taxes taken out of your paycheck and the employer paying employer taxes. You can file a form SS-8 with the IRS and ask for their determination of whether you are an employee - but then you probably wouldn't have a job. As to the hours, in either case you have no rights to the full 40 hours, your boss can cut that back, and can also change the pay period. Your options are basically to agree to it, or to find another job. Good luck.

Judy

start looking for a new job

Ask M

Little to none......you are a Independent Contractor.........that's what a 1099 is.......if you don't like it quit.........easy........

kapn

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