So, I recently posted about my boss hiring me hourly but then calling me salary and expecting me to work for free outside of 9-5. After I asked for clarification on my pay, she fired me for ‘poor performance’ which seems really fishy. I wasn’t getting complaints or missing any metrics. I think I got fired for asking about why I was expected to work for free. Can anyone advise if I have legal recourse? I’ve contacted a lawyer for a consultation but haven’t heard back yet.
You have multiple claims here. Honestly, you should have never been a 1099 employee. That classification is for contractors, not for employees being treated like this.
Monroe said:
You have multiple claims here. Honestly, you should have never been a 1099 employee. That classification is for contractors, not for employees being treated like this.
Exactly. If they control your hours and tasks, that’s not an independent contractor. That’s an employee.
I’m glad you’ve contacted a lawyer because you definitely have multiple claims. Misclassification as a 1099 instead of a W2 employee is a big one. You should also file an SS-8 form with the IRS to get your taxes sorted and report the company to the Department of Labor for failing to pay your wages. The timing of your firing makes it look like retaliation, and while it’s tough, some states do have protections for that. Definitely stay on top of this!
@Micah
Actually, complaining about wage theft is protected under federal law by the Fair Labor Standards Act. OP might have a stronger case for retaliation here.
Go straight to the labor board. Don’t wait.
I worked for a company that did this 1099 misclassification thing too. They got in trouble when people filed for unemployment, so definitely report it. Texas takes this seriously, and the fines can be steep.
@Keats
Why did they get in trouble? I thought contract workers don’t get those benefits.
Dallas said:
@Keats
Why did they get in trouble? I thought contract workers don’t get those benefits.
Independent contractors don’t get benefits, but misclassifying employees as contractors to avoid paying benefits and taxes is illegal. They got caught when some employees filed for unemployment, which they technically weren’t entitled to as ‘contractors.’
You definitely need to talk to a wage and hour attorney licensed in your state. It sounds like you have a very strong claim for misclassification and unpaid wages.
Are you in an at-will state? Do you have a 1099 or W2?
Nicol said:
Are you in an at-will state? Do you have a 1099 or W2?
I’m in Texas and she gave me a 1099.
Nicol said:
Are you in an at-will state? Do you have a 1099 or W2?
I’m in Texas and she gave me a 1099.
She totally misclassified you, and probably on purpose. You need to go to the labor board right away.
Just so you know, 1099 contractors are supposed to be independent—they control their own hours and tasks. If your employer was telling you when and how to work, you were likely misclassified, and they owe you back wages. Filing an IRS form SS-8 can help you fix this. Plus, Texas takes worker misclassification seriously, so you should definitely pursue this. Stay strong!