Beaumont, TX asked in Small Claims, Employment Law and Contracts for Texas

Q: Can an employer legally keep product that I paid for?

1099 sales person for Window World. Measured windows incorrectly by accident. The company makes me pay for the windows, they keep the windows, and they give the windows away to Habitat for Humanity for a tax break for themselves. There is not work agreement that explains this. The company claims that this is company policy, but they refuse to show any such policy.

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: If you receive a 1099, you are not an employee but an independent contractor. As such, you control the manner, means, methods, and details of your work and set your own policies and procedures. Your relationship with any company that hires you is governed strictly by the terms of your contract for hire with that company. Unless you agreed in your contract for hire that Window World’s policies apply to work you do with that company, such policies do not apply to you. Similarly, any policies you establish for your work do not apply to Window World unless it agreed in your contract for hire.

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