My question involves independent contractors in the state of: North Carolina
Here's some background on my situation:
I relocated for my previous job and within months we started having massive lay-offs. I made it through three rounds and was told I didn't have anything to worry about because they wanted to keep me. Another round of lay-offs came and went, and I got nervous, so when my current employer called in response to my resume, I was all ears. I had just moved here and didn't know anyone in my current location, so I wanted to take advantage of the opportunity he was offering.
I'm in sales and recruiting and the new employer really wanted me to come work for him, so I did, and put the anxiety of possibly being laid off behind me. At first, he seemed like a person I wouldn't normally work for because of a lack of organization and also because he had all of these unrelated "pyramid scheme" projects of which I wanted no part. I checked out the recruiting side of his business and everything checked out, so I took the job.
He said I was going to be a 1099 employee for 90 days and then he would convert me to a W2 with benefits, etc. It has been eight months and I am still a 1099. My contract states that I get paid a base salary of $2500 which is paid every two weeks (he actually wrote "bi-monthly" in the contract which means every two months, not twice a month) and there is no mention of how my commissions are paid. I feel like he's taking advantage of the 1099 status.
If I don't have it in writing that he was supposed to convert me to W2 after 90 days, can I take any action?
There's another element to this. Another person, who I thought worked with us up until a couple of months ago (when I found out from him that he hates my boss and is a totally separate entity) has an account with a company whom I work with regularly. I got a deal done and we're set to get a payment of $50k, of which I get 10%. The other person is not going to give my boss any of that money because it's his account and he's staying as far away as possible from him. My boss is now threatening to sue him and ME if he finds out I am trying to get paid by the other guy without him getting paid on it. It's a huge mess...
Since I'm technically still an independent contractor, does my boss have any grounds for suing me?
I can clarify all of this if anyone has specific questions. It's really bizarre and I need to quit, but I need to find a new job first. I also want to get paid the $20-30k in commissions I'm supposed to make over the next few months.