Contracted Employee Law Utah

[tlcpetmommy]

I am looking to find anything on Utah Employment Laws, especially Independent Contracted Employees; mainly in how much time, after being let go, does an employer have to make payment on amounts billed / due.

I am not ready to discuss with a Lawyer yet, and that is all I get when I google Utah Contracted Employee Laws.

[joec]

http://www.le.state.ut.us/~code/TITLE34/TITLE34.htm
JoeC

[tlcpetmommy]

Thank you for posting a link we can check out.

It is ironic, my husband was considered a independant contracted employee, based on an agreed upon hourly rate, and mileage for using our car to call on employers customers and fix their copier/printers/computer problems.

He also received a indefinite lay off with 2 other men, also over 55 years of age. One of the other men, as well as my husband, were certified technicians, in which the employer no longer has any.

The following week, two other men, were hired, under the age of 40. Unexperienced in this line of work and uncertified.

The employer then asked my husband to fill in for one of the men, so he could go deer hunting, for 5 days. Now the employer said my husbands invoices charged too much, and are refusing to pay.

I know we have several issues here, and I'm just looking for whatever answers I can find. We are considering a age Discrimination lawsuit, as well as possibilities he wasn't actually a Contracted Employee, but an employee. Either way, he is not getting paid, what he is owed, and it's been over 30 days since he has billed this employer for his services.

[joec]

You need to see a lawyer like yesterday.
JoeC

[DAW]

Agreed on seeing a local attorney.

Just to be clear, there is legally no such thing as an "Independent Contracted Employee". Legally all workers are either employees or independent contractors. Employees are subject to labor protections and IC are not. IC are considered to be vendors and do not (legally) have employers, they have customers. Obviously this is a point worth looking at. If there is a classification error, then there is some advantage to arguing that the worker is really an employee.

The following is the worker classification rules used by federal DOL. Federal law applies in all 50 states. A state such as Utah can have rules more favorable to the worker then the federal rules, but cannot have rules less favorable then the federal rules.

Federal worker classification rules.