Q: Can a contractor withhold a paycheck in alabama for personal debt to him from a 1099 employee if debt isnt from business
Vehicle was on monthly payment and was repossessed for 30 days behind , purchase was not linked to business contractor owned. Was told I wasn't fired or layed off but had to find a way to get to work
A: GA is always confusing. If you are a 1099, you are not an employee, you are an independent contractor and none of the employee protections apply to you. However, you may be misclassified as an IC by the employer, which can be a big financial benefit to them. They don't have to payroll processing or do withholding of employee taxes, or pay them to the Gvt.; they don't have to pay the ER share of SS taxes. You should contact the GA dept of labor that handles wage claims, to discuss your status, whether IC or EE. You may be entitled to a substantial amount of backpay for OT, if you were an employee.
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