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1099 New Jersey

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  • 1099 New Jersey

    I work as an independent contractor under 1099. The company decided not to pay my last invoice (after the work has been submitted to them) and keeps ignoring my attempt to communicate with them.

    What are my rights and how can approach/solve this issue?

    Thank you for your advice.

  • #2
    You need to sue them.

    There is also the off chance you were misclassified as an independant contractor, in which case other remedies would be available.

    Comment


    • #3
      As an independent contractor, you are not an employee. Labor laws do not apply and your recourse is through contract law.

      If you have a written contract, have it reviewed by an attorney experienced in such matters.

      If the claim is small enough and you figure you don't need a lawyer, you can file in small claims court for what you are owed.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

      Comment


      • #4
        Following up on TheRed's post, it is pretty common for a company to call someone an Independent Contractor when they are, in fact, an employee. The IRS can make the call, if there is a question about that, but you would need to file Form SS-8 and I have no idea how long the IRS takes to get around to making the determination.

        If they look at the form and find you are legitimately an IC, you are still stuck with contract law as the only way of getting paid.

        It is probably faster to head to small claims and file.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          Just to add, the IRS' finding on status isn't binding on the various labor departments and laws. The criteria in the common law test used by the IRS are much more stringent then those used by other authorities. If the IRS concludes that you are an IC, that will not preclude the DOL finding that you are an employee.

          That said, if the IRS classifies you as an employee, you are almost certainly an employee for every other purpose.

          Comment


          • #6
            Thanks for your help.
            I would not classify as employee for sure. I worked from home using my own equipment and did not go to the office. Unfortunately, I do not have a contract with them either, but did fill 1099 per their request.
            Company owes me bit more than $500. Do you think it's worth going to the small claims court for that amount?
            Thanks

            Comment


            • #7
              Originally posted by pagrandukas View Post
              Company owes me bit more than $500. Do you think it's worth going to the small claims court for that amount?
              That is up to you. I would hate to have someone think they could get away with not paying me what I was owed.

              It will cost you something to file the claim and to have the defendant served. Those costs are recoverable, if you win.
              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

              Comment


              • #8
                Originally posted by ScottB View Post
                That is up to you. I would hate to have someone think they could get away with not paying me what I was owed.

                It will cost you something to file the claim and to have the defendant served. Those costs are recoverable, if you win.
                Thanks Scott!

                Comment

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