Q: Can a company who files me as "1099-Misc/Independent contractor" online legally refuse to pay me?
I work on a "Q&A website" that pays people to ask questions, who at the end of year sends a 1099-Misc form, classifying me as an "independent contractor". I currently earn 1K every month on this site. I've earned 6K up to this point throughout the year. Per their guidelines, they can ban people off of their site at any given time. There has been people banned that weren't paid on their last month on the site.
My question is:
1) Do companies that hire you under the "1099-Misc status" legally have to pay you your last month owed? (example: Let's say I get banned half way through the month, but my payment was supposed to arrive on the 31st of the month).
2) If that were to happen, can I sue a company to pay me what was owed, even if i'm classified as an independent contractor? How is this legal?
Any help is appreciated. Thanks.
A: Lawyers who like good reviews apparently like to answer questions about the future; I am not one because no one on this planet can predict the future. The short answer to your questions is yes. Whether you will win is unknowable.
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.
