Michael J. Bace’s Answers

Michael J. Bace

Boston Litigation Lawyer.

Contributor Level 9
  1. 1099 contractor and how paid

    Answered 9 months ago.

    1. Michael J. Bace
    2. Alexander D Fotopoulos
    3. Jefferson W. Boone
    3 lawyer answers

    You are likely misclassified as an "independent contractor", but more facts are necessary and you should call an attorney Monday to discuss. Most, like our firm, will speak with you for a free consultation. The crux of it is, what benefits, wages, unreimbursed expenses, minimum wages, tax benefits, etc...are you missing out on as result of being misclassified? If they exist, you may be entitled to triple damages. As to the "debt" there may be an argument to be made that the written...

    8 lawyers agreed with this answer

  2. Can my boss 1099 me as a tshirt warehouse worker and salesman?

    Answered 12 months ago.

    1. Michael J. Bace
    2. Judith A Miller
    3. Deborah Gwen Roher
    4. Paul Alan Manoff
    4 lawyer answers

    Probably not. It is nearly impossible to be a correctly classified "independent contractor" here in Massachusetts, particularly if you are engaged in precisely the work that your employer conducts as a regular part of their business. The real question is, how have you been damaged as a result of your potential misclassification? Did you ever work in excess of 40-hours in a particular workweek? Contact a lawyer here in MA, most will speak with you for a few moments or give you a free initial...

    5 lawyers agreed with this answer

  3. If my commision pay does not meet minimum wage should my employer be making up the difference?

    Answered 27 days ago.

    1. Randy Jay Harvey
    2. Michael J. Bace
    3. Erik Hammarlund
    4. Marc A. Strange
    4 lawyer answers

    You should call a plaintiff's lawyer in MA today. Most, like my office, will speak with you for free to evaluate your potential claim. You're likely entitled to minimum wage, and in MA, you're likely entitled to three times your unpaid wages.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. My boss fired me without giving me a paycheck that day. What can I do? ( In MA)

    Answered 4 months ago.

    1. Michael J. Bace
    2. John Laughlin Fink
    3. Danielle M. Callahan
    3 lawyer answers

    If you're not furnished with everything you're owed on the last day - you are likely entitled to three times that amount for the employer's failure to comply. I would recommend you call an employment litigator, many others in MA - to review the entire situation before you take any next steps. There may be other issues as well.

    4 lawyers agreed with this answer

  5. Do I have any legal options if my employer has been changing the number of hours I work?

    Answered 9 months ago.

    1. Michael J. Bace
    2. Lauren Craig Redmond
    3. Judith A Miller
    4. Paul Alan Manoff
    5. Shahria Helena Boston
    5 lawyer answers

    Your employer cannot "change" the amount of hours you've actually worked. Failure to pay you properly, may entitle you to three times your owed wages plus an award of reasonable attorneys fees. You also cannot be terminated for hiring a lawyer to resolve the situation. I suggest you call an attorney tomorrow; most, like my office, will speak to you for a free initial consultation. Bacelaw.com/blog

    4 lawyers agreed with this answer

  6. My employer hasn't paid me my paycheck for the pay period May 15th to May 30th. What are my rights? Can I get my money?

    Answered 10 months ago.

    1. Michael J. Bace
    2. Cheri L Crow
    3. Jeffrey M Feuer
    3 lawyer answers

    You are likely entitled to three times the unpaid wages, plus an award of reasonable attorneys fees that are required to recoup those wages. The fact the business has closed is likely immaterial, as the owners are liable in their personal capacity. I would be happy to speak with you by phone, and you should contact an attorney a s soon as possible for an initial review of the circumstances.

    4 lawyers agreed with this answer

  7. I work for a mystery shopping company who refuses to pay their shoppers for their work for ridiculous reasons. This company

    Answered 8 months ago.

    1. Michael J. Bace
    2. Erik Hammarlund
    3. Deborah Gwen Roher
    3 lawyer answers

    I suggest you call an employment litigator here in MA without delay - most firms, like mine, will speak to you for free for an initial consultation, and may even take your case on what's called a "contingency fee basis," which means you pay no legal fees until/unless there is a recovery. More information is required to give you a sense of your rights and potential courses of action. However, if you are misclassified as an independent contractor, the unpaid bills may be "wages," which could...

    Selected as best answer

  8. My employer has not been deducting taxes from my paycheck. I am given 1099 forms for every year.

    Answered 6 months ago.

    1. Michael J. Bace
    2. Peter L Thompson
    3. William V. Hoch
    3 lawyer answers

    Most likely, you are misclassified as an independent contractor. If the work you perform is within the scope of the regular course of business of the company, you're an employee, regardless of the contract you sign. You are entitled to overtime pay, the value of unreimbursed expenses, and the other benefits of employment. As to withholding, the employer is required to comply with tax regulations.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. After two years as a "temporary worker" are you considered a common-law employee in Massachusetts?”

    Answered 7 months ago.

    1. Erik Hammarlund
    2. Michael J. Bace
    2 lawyer answers

    If the company is classifying you as an "independent contractor," not paying benefits that your fellow workers enjoy, and not withholding taxes, you have some significant rights here. More information is required to answer your questions, but in general, if you are performing work that is in the regular course of business of the company - then you're an employee. I would suggest you contact an attorney here in MA to review all the facts and circumstances. Most, like my office, will speak to...

    3 lawyers agreed with this answer

  10. Docking/personal injury/ sexual harrasment/intimidation for one company!

    Answered 8 months ago.

    1. Michael J. Bace
    2. Timothy J. Connors
    3. Lauren Craig Redmond
    4. Lars A. Lundeen
    4 lawyer answers

    Generally speaking, an employer can't randomly deduct items from your earned wages. More information is needed with regard to the other issues you mention. I suggest you contact an attorney here in MA; most, like my firm, will speak to you for a free initial phone consultation. An attorney will be able to advise you as to your rights and options. Feel free to call anytime.

    3 lawyers agreed with this answer