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  1. #1

    Unhappy 1099 Contractor Not Being Paid- New York State

    My question involves independent contractors in the state of: NY

    My husband works as a 1099 employee for a repo company and is paid per repossesion he completes....He is presently owed a total of $7000 in back pay which represents approximately 1 1/2 months pay....The employer continues to promise payment as soon as they are paid by the finance companies that hire them for the repos....My husband continues to believe these promises and from time to time even receives $1000 or so here and there while still working every night as usual so the debt is really never fully paid as more pay is earned each night...

    Where do we stand here? Husband is afraid to rock the boat with the employer for fear of losing his job....Our bills are delinquent and money is very tight for us with only my salary to pay the family bills.

    What can we do????

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: 1099 Contractor Not Being Paid- New York State

    well, if he is actually a 1099 employee, the only route he has is to sue the guy.

    I suspect he is not properly classified as a 1099 employee and if so, the state department of labor would be the place to go.

    To have a determination of the classification, the IRS has a form (SS8 I think) that is a request for a determination of status.

    as to not rocking the boat:

    if that is of serious concern, then hubby is relegated to simply sitting and waiting until the boss pays him.

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: 1099 Contractor Not Being Paid- New York State

    Quote Quoting ladysherlockny
    View Post
    Where do we stand here? Husband is afraid to rock the boat with the employer for fear of losing his job....Our bills are delinquent and money is very tight for us with only my salary to pay the family bills.

    What can we do????
    What job?? The purpose of a job is to pay bills, and if you don't get paid, the result is the same as doing volunteer work.

    I'm in the same fix. I have a side consulting job, and been billing this company $400/week for the last four, supposed to get paid weekly, but haven't been paid yet.

    So, in another week or so, I won't be showing up any more till I get paid.

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