Q: Im a 1099 Independent contractor who fits all catagories of a Employee. How do i get what ive been cheated out of?
Ive worked for a guy for 4 years as a 1099 on average 80 hours a week for straight pay, no unemployment for winter layoff or or anyother benfits besides loans i paid back with intrest. I was unaware there was a differece and we had agreed that i could buy his buisness in 3 years he didnt honor our agreement when year 3 showed up. Year 4 i got hurt and he acted like i quit and started telling lies about me. I want to be paid for the time i put in plus i owe taxes for all those years, lost the customers i had aqquired before i started working for him because i worked so much. It was a big deal if i had a doctor appointment or court. No vacations or holidays off. What would i be entitled to and what do i need to do?
A: Courts consider numerous factors when determining whether a worker is properly classified as an employee or as an independent contractor. Employers sometimes misclassify their employees as independent contractors to avoid the minimum wage and overtime laws that apply to employees (and as you mentioned, independent contractors are also not entitled to employee benefits). The most important factor is the degree of control the employer had over the work you performed. You should contact a Kentucky attorney to evaluate your situation. Keep in mind that claims for unpaid overtime under the Fair Labor Standards Act have, at most, a 3-year lookback period, so if you'd like to pursue this you should do so as soon as possible.
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