Q: Can a contractor change a verbally agreed upon hourly payrate after I have completed the work?

The contractor claims that the contractor that he subcontracts the labor that I perform is refusing to pay him HIS agreed upon payrate for my labor (I presume that he charges a fixed amount for each employee, and pays them less, keeping the remaining money). This is his method of business. However, I am not sure if I am legally considered an employee or subcontractor? I understand the "ABC test" applies for IRS determinations, but is the test different for the Dept of Labor?

I gave my employer notice that I had found a new job and would be going to work somewhere else within 2 weeks, and his response was to request my SS card "in order to receive last week's paycheck" and that his Contractor would not be paying me the previous wage because they would "be mad". I am positive that this is a lie, and that he plans to pay me some meager indeterminate wage and pocket my actual earnings. It's a mess and he's a crook. Who do I contact to report this?

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: Any licensed contractor is subject to discipline from the State licensing board. The board has a process for hearing consumer disputes. I suggest you contact them. The legal principles fro determining whether a worker is an employee or independent contractor are the same- the key factor being the ability to control the details of the work.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.