Saint Petersburg, FL asked in Contracts, Employment Law and Business Law for Florida

Q: can an employer change the terms of your 10-99 contract after signing?

Employer is looking to change my full time base salary from 3,500 to a job by job pay until sales pick back up. Is this legal?

2 Lawyer Answers
Jane Kim
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Answered
  • Naples, FL
  • Licensed in Florida

A: As a 1099 contractor, you are not an employee but a self-employed independent contractor.

If you have an actual employment contract (rare), the contract will dictate the terms of the relationship, for how long and how much. it should also provide for rights to modify its terms.

If there is no actual employment contract, but a 1099 relationship as a subcontractor, then of course the terms can change. It is typically a take it or leave arrangement. It is a bit different if the pay changes in the midst of the project, then you may want to consult a lawyer about your rights.

Good luck.

THIS ANSWER IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP. THE INFORMATION PROVIDED HERE IS FOR GENERAL INFORMATION PURPOSES ONLY. NOTHING IN THIS ANSWER SHOULD BE TAKEN AS LEGAL ADVICE FOR ANY INDIVIDUAL CASE OR SITUATION.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Yes. Why?

Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.” The only thing employers cannot lawfully do is to make any of these adverse employment decisions solely based upon the employee’s race, gender, age, national origin, handicap, disability, religion, or whether single or married or pregnant.

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