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1099 employee boss not paying..what can be done California

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  • 1099 employee boss not paying..what can be done California

    My son is a 1099 employee (although from what I read he should be employer-employee) and his boss has several times given him a check and told him not to cash it because there isn't enough money in account. My son is his only employee (boss works for big company) that he has to pay, and this company makes more than enough money to pay them both. What can my son do short of finding another job (not easy now) or quitting. He has a family to support and bills to pay. also can he collect unemployment in CA ??

  • #2
    There legally is no such thing as a "1099 employee". All workers are legally either employees or independent contractors (IC). Employees are subject to labor law, have their employers report their wages for employment purposes, and have employment taxes paid by their employers. This would include UI.

    IC are vendors, like say Roto-rotor. They are not subject to labor law, do not have employers at all (just customers), so no "wages" are reported for employment purposes, and no employment taxes are paid on their behalf. There is nothing that stops the worker from filing for UI, but the UI folks likely have no record of any wages being earned, what with the worker supposedly not being an employee. Meaning that UI will almost certainly be initially denied. The worker can appeal, claim that they are really an employee after all, claim pretty much anything they want. But this is not automatic. At best we are talking about a long review process, with the final decision being whatever state UI thinks is best, this being their decision.

    The worker needs to start looking for a real job with a real employer immediately. Now. This minute. I am not saying quit immediately. I am not saying that the worker should burn any immediate bridges with the current "employer". But I am saying that the current "employer" is a bad employer, and that this is very unlikely to change. Ever. I am saying that there is no usable solution that does not involve the worker getting a real job with a real employer.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      thanks DAW,
      so is this guy my son works for doing something illegal ? my sons boss works for a big company and who knows if they even know hes doing this with my son...my son said if he says anything to the company that his boss with probably fire him, so he doesn't know what to do. but my research shows that my son is NOT a IC technically. I think he just wants the easy way out, and he probably doesn't pay taxes either, although he might since he is working for the big boss company.
      about the paycheck, what can my son do ? short of going to the BIG boss without getting fired ? my son said the last person that caused a stink got fired. this guy has worked for the BIG company for years so he has control i guess.

      Comment


      • #4
        I do not have enough information to tell if the classification is correct or not, but misclassification is very common. It is widely discussed as an issue in the general press, and people in Congress keep introducing bills to supposedly fix the issue. HOWEVER, presumably the situation is very common because people get away with it more often then not. Past that point, I am not saying to not report it, but at some point the only solution to a bad employer is to be somewhere else. One complication is that if a worker is misclassified, there are a lot of potential governmental parties involved, and each party handles their own little piece of the problem. It can take a very long time to straighten this out, and the governmental agencies are not necessarily looking out for the worker's interest. IRS (for example) generally considers IRS to be the injured party in these situations.

        http://www.dol.gov/whd/regs/compliance/whdfs13.pdf
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          thanks again DAW,
          my son is a pool cleaner, that works for this idiot and the idiot works for the big pool cleaning company. so if the big pool company knew that my son was working as a NON employee (i think he should be a employee considering the explaination of one) would they get in trouble ?
          or is my son's boss doing anything wrong ? from what i have looked up my son is not a IC , he has equipment from his boss that he uses, does certain pools certain days and times etc.
          Im just looking into what my son can do to fix this without to much problems being done.

          Comment


          • #6
            We seem to be repeating ourselves here. Could the "employer" get into trouble? Sure, why not. But point in fact many millions of employers routinely misclassify workers and the numbers of employers that get in trouble each year is more like tens of thousands. So, yes, maybe the "employer" will get into trouble. Or maybe not. It is kind of like speeding. Anyone who speeds enough times will eventually get a ticket. And pay the ticket. But most of the time, no one actually gets caught, and when some one does get caught, most of the time, it is not that big of deal.

            Which is exactly why most employers feel pretty comfortable misclassifying workers in the first place. And the "employer" getting in trouble does not necessarily (or probably) help the worker. And sometimes it is the worker who also gets into trouble. IRS for example is perfectly capable of holding both parties equally at fault any time IRS feels that IRS is the injured party.

            One more time. The ONLY good long term solution to a bad employer is to be somewhere else. Find a real job with a real employer. All of this talk about "getting the employer into trouble" is all fine and dandy, but it does not actually accomplish anything useful. Find the real job somewhere else FIRST, then and only worry about dropping a dime on the old employer.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment

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