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  • Bonus rescinded

    My husband has been an independent contactor (truck driver) for an owner operator in IL for 2 years. In january the owner of the truck gave my husband a $500.00 two year bonus check. Needing benefits and vacation time my husband deided to become a company driver and left the owner operator in February. He gave 1 1/2 weeks notice before leaving. On his following check the owner operator rescinded his bonus stating he did not give 2 weeks notice before quiting. My husband never signed any contracts or even verbally agreed to give 2 weeks notice if he left. Can he legally take a bonus back.

  • #2
    Are you saying that the $500 was deducted from his last pay?

    If so, then employer can not deduct w/o written authorization.

    See:

    http://www.ilga.gov/commission/jcar/...0sections.html

    Subpart D Deductions from wages or final compensation

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    • #3
      But those laws only apply to employees, since the references are to the "employer". If your husband was an independent contractor (1099-MISC, not W-2), the payment terms of his contract would control. Since you are saying he did not have any written agreement (which, as an independent contractor, was not wise), he would have a hard time in a civil suit claiming that the company was in violation of a (nonexistent) agreement.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Good point that I failed to note, thanks Patty.

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        • #5
          I always look for that, gjfhrm. Especially since sometimes, posters use "contractor" in the context of working for a staffing agency, for example.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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