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The employer witholding my last check

Discussion in 'Termination: Firing & Resignation' started by kaylalam84, Jun 29, 2017.

  1. kaylalam84

    kaylalam84 Law Topic Starter New Member

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    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
     
  2. army judge

    army judge Super Moderator

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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.
     
    hrforme likes this.
  3. kaylalam84

    kaylalam84 Law Topic Starter New Member

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    I got hired and fired. I have to work on her schedule. I have to use her supply and dress code. isnt that employee?
     
  4. army judge

    army judge Super Moderator

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  5. hrforme

    hrforme Active Member

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    Now it is possible that you were misclassified and you could ask the IRS about that.
    Independent Contractor (Self-Employed) or Employee?

    But for now to try to recover your last amount due, like army judge said, you would have to go to small claims court since it is a 1099 payment and NOT wages.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    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.
     
  7. cbg

    cbg Super Moderator

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    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?
     
  8. kaylalam84

    kaylalam84 Law Topic Starter New Member

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    What is the limit of the amount?
     
  9. cbg

    cbg Super Moderator

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  10. mightymoose

    mightymoose Moderator

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    Why not just go to the shop and ask in person? You are harder to ignore when you are standing right there.
     
  11. kaylalam84

    kaylalam84 Law Topic Starter New Member

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    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
     
  12. mightymoose

    mightymoose Moderator

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    That wouldn't stop me from going to pick up my paycheck, but that's me.
     
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  13. adjusterjack

    adjusterjack Super Moderator

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    Wouldn't stop me, either, and I'd be the one calling the cops.
     
  14. kaylalam84

    kaylalam84 Law Topic Starter New Member

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    i went in to get the check because she told me to come get it this morning. when i got there, she said she did not have it yet. then she called the cop on me. but the cop could not do anything
     
  15. mightymoose

    mightymoose Moderator

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    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.
     
  16. kaylalam84

    kaylalam84 Law Topic Starter New Member

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    i got trespass warning, cant go back
     
  17. mightymoose

    mightymoose Moderator

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    Ok that option is used. If she has no intent to pay you, which seems apparent, then head to small claims.
    You might also contact your state's labor commissioner or the Department of Labor to make a report and see if any assistance is available.

    Florida Government Agencies - Workplace Fairness
     
  18. cbg

    cbg Super Moderator

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    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.
     
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  19. kaylalam84

    kaylalam84 Law Topic Starter New Member

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    is this any order for filing a small claim at the court and reporting misclassfied of employment at irs?
     
  20. kaylalam84

    kaylalam84 Law Topic Starter New Member

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    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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