Independent Contractor | Employment Law Information

I got “fired”, do they have to pay me within 48 hrs?

Question:
I got “replaced”..so technically fired. I was 1099 but they were paying me 1099 illegally. Do they have to pay me within 48 hours? I’m in Florida. Also, do you think I have a chance at getting unemployment?

Answer:

1099 illegally? Do you mean you considered yourself an employee rather than a sub-contractor? The IRS has a test to determine if you are an Independent Contractor (Self-Employed) or Employee. Here it is: http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

You can contact the FL labor board, but if you were a sub-contractor, no, payroll laws don’t apply to you and you may have to fight to get your money. Click here to find an employment law attorney in your area.