The Truth As It Applies To » Florida Employment Law Salary
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Can I sue my employer because of this? 10 PTS BEST ANSWER?
I am a 1099 employee in Florida, but I am under NO contract, work SET hours, and I am on a set salary (no commission). I am not "self employed". They are going to "let me go". It is for a lawyer that I work, but obviously I don't deal with employment law. Do I have any legal recourse in this? They have done many other things that I could sue for, but this is HUGE to me because now I can't collect unemployment. Any help would be GREATLY appreciated. 10 PTS BEST ANSWER. Thank you soooo much!
Sassy..I have a reason for not saying anything..it was another company before and I was a legit 1099 employee, they switched to another company and that's when they put me on 1099 and gave me no choice in the matter. It's hard to find a job, so I wasn't about to quit
File a complaint with the Florida Unemployment Commission. Tell them that you were misclassified as "contract labor" instead of as an employee, and that you are entitled to unemployment benefits.
They will do an investigation. They should rule in your favor, but if they don't, tell them that you want to request a "hearing."
Be very firm in your insistence that you were an employee, and not an independent contractor.
Contact them as soon as possible.
http://www.floridajobs.org/unemployment/uc_appeals_comm_default.html
You should not have any trouble getting unemployment benefits.
A note regarding "employee contracts." If, by definition of the law a person is an employee (under direction or control as it relates to job performance), any "employee contract" is an ILLEGAL CONTRACT and is against the law. It is totally worthless and is NOT admissable in court. It's not worth the paper it's written on. You cannot make a contract that is in violation of the law!
One more thing . . . You are NOT required to have any "proof" of wages or anything. The State is required to investigate all claims of misclassification of wages. If you contact them and tell them that they have workers that they are calling contract labor, then the State will do an investigation. The State is required to do this. They will investigate all of their accounting records for the last 3 years. The results will also be given to the IRS and eventually the IRS will also assess the business for Federal unemployment taxes also. No proof is necessary.
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