Re: Unpaid Wages, Illinois
http://www.irs.gov/pub/irs-pdf/p1779.pdf
Only your own attorney can tell you what "damages" might be assessed for a possible misclassification. It's not only wages, it's also taxes.
Re: Unpaid Wages in Illinois
Well, in calendar year 2010 they were paid around $720.00. My accountant has said that he feels that they fail the litmus test and are indeed subcontractors. He has said that he is not an atty and if I am wrongfully categorizing this party, my penalties for this would be no more than $500.00. Again, my concern in my conversation with the other atty who told me that if he finds $1.00 that is unpaid, I would be liable for whatever legal fees he can dream up at a rate of $500.00/hr. My other question is I know that I cannot BK out of a tort but if this is indeed something that he can tack on $50K to the $1.00 is his fee part of the tort or can I BK out on him.
Re: Unpaid Wages in Illinois
Attorneys fees are generally not recoverable absent a statute that authorizes them ... so chk your statues and see if they allow for attnys fees when the cause of action involves pay disputes .. they may