The employer witholding my last check

kaylalam84

kaylalam84

New Member
Jurisdiction
Florida
Hi,

I worked at the nails salon for commission 1099. I got fired on the 10th of June. The paycheck has been paid bi weekly regularly. on the 16th, I contacted to the owner of the shop and asked her to mail my last check to my place with provided address. She replied she did not have time and will mail my last check when she has time to do my payroll. until now the 29th of June, I still have not got my check. I shoot her a text without her response. What can I do?

Kayla
 
kaylalam84 said:
What can I do?
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She was not your employer, if you were a "1099" contractor.

Yours wasn't an employer/employee relationship,

You were a contractor.

Your only option is to take the matter to a small claims court.

Good luck.
 
army judge said:
She was not your employer, if you were a "1099" contractor.

Yours wasn't an employer/employee relationship,

You were a contractor.

Your only option is to take the matter to a small claims court.

Good luck.
Click to expand...


I got hired and fired. I have to work on her schedule. I have to use her supply and dress code. isnt that employee?
 
kaylalam84 said:
I got hired and fired. I have to work on her schedule. I have to use her supply and dress code. isnt that employee?
Click to expand...

Not necessarily. There is a lot of controversy about employee vs contractor in the nail salon industry.

Whether you are an independent contractor or employee depends on a variety of factors as well as any written contract you have with the salon.

Do you have a written contract?

Does your work meet the 20 factor test from the IRS?

There are plenty of articles explaining the issue in the following search results.

irs independent contractor in a nail salon at DuckDuckGo

If it looks like you were illegally misclassified you can file complaints with the IRS and the US Department of Labor.

That, unfortunately, won't get you your paycheck any time soon and Florida doesn't have a wage enforcement state agency so you'd have to sue in small claims court to get faster action.
 
Look.

If you were an employee, you're going to have to sue in small claims court because Florida doesn't have a Department of Labor and you'd lose money if you file with the US DOL.

If you were an independent contractor, you'd have to sue in small claims (assuming the amount fits under the limit) because that is the process when you're an IC.

So what's the difference?
 
cbg said:
Look.

If you were an employee, you're going to have to sue in small claims court because Florida doesn't have a Department of Labor and you'd lose money if you file with the US DOL.

If you were an independent contractor, you'd have to sue in small claims (assuming the amount fits under the limit) because that is the process when you're an IC.

So what's the difference?
Click to expand...

What is the limit of the amount?
 
the boss texted me that i cannot get into her shop. she lost 4 employees at the same time. one of the employees came to the shop with her bro in law to pick up the check. then the boss called the cop and gave the driver licenses of the employees to the cop. then she texted me i could not come to get the check. she will mail it when she has time to do my payroll
 
So go back tomorrow and ask for your check.
Ultimately if she won't pay it you'll have to decide if you want to pursue this in court or just let it go.
 
As has already been stated, (and is verified by your own link) FL has no state DOL. They refer everything regarding wage and hour issues to the US DOL. The US DOL will only support Federal minimum wage and overtime, so if the OP was earning anything over that she will lose money going through them. As such, small claims is pretty much her only option.
 
the boss took a picture of my trespass warning with my personal information to send to other coworkers. what can i do to stop her sharing my info?
 

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