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The length of the contract might impact this, though. If you worked there full time for over a year and a half you may have more leverage than you think. Depending on what the company owes you, finding an employment attorney might be worthwhile.
Amelia DeLoach
From: Robert Lauriston <robert -at- lauriston -dot- com>
To: TECHWR-L Writing <TECHWR-L -at- lists -dot- techwr-l -dot- com>
Sent: Thursday, March 3, 2016 11:53 AM
Subject: Re: Tech Writer Conractor - no payment
Since you're on 1099, you could hire a collection agency or a lawyer,
or write a letter saying that you plan to if they don't pay what they
owe you by a certain date.
The IRS wouldn't do anything to help you get paid so there's no upside
for you in contacting them. Mentioning the IRS might encourage your
agency and their client to pay you since misclassification can lead to
fines.
Since this you're in California, they also owe you overtime for any
work you did beyond 8 hours a day or 40 hours a week.
On Wed, Mar 2, 2016 at 7:24 PM, Robert Courtney <bobsc1 -at- earthlink -dot- net> wrote:
> Thank you all for all the information. I'll look at things and see what I
> need to do. If all else fails, I guess I will write it off on my taxes. As
> stated, the IRS probably will not do anything. But, if I contact them about
> the issue, I want to make sure they understand I have notified them about
> the situation. I don't what to come up with them asking me to pay taxes on
> something I didn't collect.
>
> Again, thank you all. I have so much information about this and possible
> things to do. I was at such a loss with this. I have not been sleeping well
> since all this is going on.
>
> Robert Courtney
>
>
> On 3/2/2016 6:56 PM, Gene Kim-Eng wrote:
>>
>> IF you believe that the agency has improperly classified you as a 1099
>> contractor rather than a W2 employee, then the Labor Board is the place to
>> go. If it turns out that you are legitimately 1099, then as a vendor you sue
>> them for nonpayment.
>>
>> The IRS is going to mostly be interested in YOU, namely in any Schedule C
>> business deductions you may be claiming. They won't do anything on your
>> behalf.
>>
>> Gene Kim-Eng
>>
>>
>>
>> On 3/2/2016 6:31 PM, Robert Courtney wrote:
>>>
>>> So then, I may be able to contact labor board and IRS about this issue?
>>> Hmmmmm..... will have to see how to do that. They did require hours pay by
>>> hours, but they didn't exactly declare me as an employee, but more like a
>>> contractor. I need to look at my contract and if I remember right, it hours
>>> by pay, but not employee exactly.
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