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1099 Employee Wronged Nevada

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  • 1099 Employee Wronged Nevada

    I was hired as a 1099 employee in August of 09. Per the IRS definition I WAS NOT a 1099 employee. I worked a steady 50+hr per week schedule for almost two years. I worked from home on VoiceOver I/P and was paid once per week via direct deposit.
    I was fired recently for making a moral decision that while clearly in violation of my original agreement with the company, did not take business away from that company.
    I was then asked to sign a Termination Agreement which I declined. The company stated that they would not pay me what was owed to me unless I signed the agreement.
    When I asked them if they would pay me what was owed to me that was yet to be collected (Checks from contracts already signed; payments from clients), they said they would "Look into it; check with owners", but never did when I inquired a second time.
    I have consulted with 1 attorney who feels the original contract is weak enough to have a case, and that the company doesn't appear to pay any taxes, workman's comp, etc, but wants a 5k retainer I cannot afford.
    I need help on a contingency basis. Is this wishful thinking? I need a pitbull attorney who would take a good look at the case and not charge me an arm and a leg upfront.
    I can likely borrow the money, but want to be fairly sure I have a good case first. That's only ONE attorney who says so. Since I have worked with many attorneys in my past, I know that a small percentage are TRULY competent.

    Help!

    D&B

  • #2
    No attorneys follow these boards looking for clients. Few attorneys take employment cases on contingency. You'll need to keep researching locally to see if you can find one who will.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      Did you pay all the taxes on your income, social security, medicare, state and federal? If not you may be opening a can of worms by filing a lawsuit.

      If you feel you were wrongly classified and deserve backpay, you can file a claim with the state.

      Comment


      • #4
        If you want another attorney to review your contract, try contacting your
        local legal aid society or your state or federal bar assoc. & see if you can get
        a referral to a no cost/low cost attorney.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          And just to be clear, there is no such thing as a "1099 employee". All workers legally are either employees or independant contractors.

          http://www.dol.gov/whd/regs/compliance/whdfs13.pdf

          http://www.irs.gov/businesses/small/...=99921,00.html
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment

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